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2022 Supreme(P&H) 936

AVNEESH JHINGAN
M/s Om Credit And Leasing Company – Appellant
Versus
Mukesh – Respondent


Advocates:
Mr. Sandeep Goyat, Advocate, for the Appellant.

JUDGMENT

Avneesh Jhingan, J. (Oral) - This is an application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment of acquittal dated 8th November, 2019, in complaint No. 1651-II of 2017 under Section 138 of the Negotiable Instruments Act.

2. The brief facts are that complainant is a registered partnership firm and is engaged in business of advancing loans. As per the case set up by the complainant, on 16th December, 2015 the loan of Rs. 11,00,000/- was sanctioned to the respondent, the same was to be repaid in eighteen monthly installment of Rs. 22,000/- payable on 15th of every month. The principal amount of Rs. 11,00,000/- was to be repaid alongwith the last interest installment.There was a default in repayment of loan and to discharge the debt cheque no. 420230, dated 29th June, 2017 amounting to Rs. 14,96,000/- drawn on Punjab and Sind bank, Gangwa was issued by the respondent in favour of the complainant. On presentation, the cheque was dishonoured with the remarks 'insufficient funds'. A legal notice was issued and a complaint under Section 138 of Negotiable Instruments Act, 1881 was filed.

3. The respondent took a defence that he had taken a loan of R

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