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2023 Supreme(HP) 460

VIVEK SINGH THAKUR
Deepak Jyoti – Appellant
Versus
Himachal Pradesh Gramin Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Mukul Sood, Advocate, Mr.Rahul Gathania, Advocate.
For the Respondent:Ms.Devyani Sharma, Senior Advocate, alongwith Mr.Anirudh Sharma, Advocate.

JUDGMENT :

Vivek Singh Thakur, J.

By way of present petition, invoking provisions of Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”), petitioner has assailed impugned order dated 13.1.2020, passed by Additional Chief Judicial Magistrate, Court No. 1, Sarkaghat, District Mandi, H.P., in case No. 509 of 2014, titled as Himachal Gramin Bank Vs. Deepak Jyoti, whereby application preferred by the petitioner under Section 311 Cr.P.C. for recalling the Bank Manager as a witness alongwith entire record of dishonor of cheque in reference, entire record of loan account of accused/petitioner and for producing certified copies of documents of recovery suit preferred by the Bank against the petitioner/accused in evidence, has been dismissed.

2. Petitioner in present case had obtained loan amounting to 9,73,250/- for purchasing a passenger bus on 26.8.2010. There was default in repayment of loan. For repayment of loan amount, petitioner/accused issued a cheque of 3,50,000/-, dated 16.9.2013 in favour of Himachal Gramin Bank. The said cheque was dishonored on 17.9.2013 due to “insufficient funds” in the account of accused/petitioner, which lead to filing of complaint by the Bank,

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