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2020 Supreme(HP) 49

SURESHWAR THAKUR
Supertreads – Appellant
Versus
Kirshan Lal – Respondent


Advocates Appeared:
Archna Vaidya, Advocate, Varun Chauhan, Advocate, Suman Bhimta, Advocate

JUDGMENT

Sureshwar Thakur, J. - The instant appeal, becomes, directed, by, the complainant/appellant herein, against, the verdict of acquittal pronounced by the learned trial court, upon, Complaint No.164/3 of 2008.

2. The facts relevant to decide the instant case, are, that, the, Supertreads, is, the, sole proprietorship concern of Shri Sanjay Sood. According, to, the complainant, he runs the business of retreading, of, tyres at Taradevi, Shimla, and, Village Chammla, Darlaghat, Distric tSolan. It has been averred that accused has business dealings with the complainant, and, he has a credit account with the complainant. The accused has been making part payments in the said credit account from time to time. In order to partly discharge the outstanding liability on account of services rendered by the complainant, the accused issued cheque No. S/B0860872, drawn at the Jogindra Central Co-op. Bank, Extension counter JGC Bank Mangoo, for, an amount of Rs.27,025/- in favour of the complainant. The complainant presented the said cheque for encashment through its banker PNB Anaj Mandi, Shimla, which was sent to the banker of the accused for collection but vide cheque returning memo dated 1

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