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2014 Supreme(P&H) 1440

MEHINDER SINGH SULLAR
Narsi Dass – Appellant
Versus
Surender – Respondent


Advocates:
For the Appellant :S.K. Rana, Advocate

Mehinder Singh Sullar, J.

1. The matrix of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition for leave to appeal and emanating from the record, is that initially, petitioner-complainant Narsi Dass s/o. Kartar Singh (for brevity "the complainant"), who was running a shop of commission agent, styled as M/s. Ompal Satish Kumar, has instituted a criminal complaint, in which, respondent Surender s/o. Chanda Ram was summoned to face the trial for the commission of an offence punishable u/s. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the NI Act") by the trial Court. The case set up by the complainant, in brief in so far as relevant, was that the respondent was a Farmer at the relevant time. He used to borrow money from him for agricultural purpose with an understanding that he would repay the amount of loan along with interest at the rate of 24% per annum. At the same time, he had promised to sell his agricultural produce at the shop of complainant. Subsequently, he stopped doing so in the year 2010. Thereafter, the complainant

































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