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2024 Supreme(HP) 227

RAKESH KAINTHLA
Banshi Ram – Appellant
Versus
H. P. Co-operative Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajesh Kashyap, Adv.
For the Respondent: Mr. Sushant Veer Singh, Adv..

JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 16.1.2019, passed by learned Additional Sessions Judge,-II, Mandi, H.P., vide which the appeal filed by the petitioner (accused before the learned Trial Court) was dismissed. (The parties shall be hereinafter referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court under Section 138 of the Negotiable Instruments Act. It was asserted that the complainant is a Cooperative Bank registered under the Cooperative Societies Act. It is engaged in the banking business. The complainant through his Branch Manager, Smela advanced personal loan to the accused on mutually agreed terms and conditions. The loan was to be repaid in monthly instalments. The accused failed to pay the money. An amount of Rs.2,46,000/- became due in March 2014. The accused issued a cheque No. 41,89,451/-, dated 5. 3.2014 (Ex.CW-1/B) in the discharge of his legal liability for a sum of Rs.2,46,000/- as full and final payment of his liability. The complai

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