ALOK SINGH
Pawan Kumar Saini – Appellant
Versus
Jogendra Kumar – Respondent
1. Since in all these three appeals identical questions of facts and law are involved, therefore, all the three appeals are being taken up together and disposed of by this common judgment.
2. Brief facts of the present case, inter alia, are that accused respondent is maternal uncle of appellant Pawan Kumar Saini; appellant Sudesh Saini is wife of Pawan Kumar Saini and appellant Tek Chand is father-in-law of Pawan Kumar Saini. Accused respondent was a contractor and he demanded Rs. 60,00,000/- for the business purpose on loan from appellants. Keeping in mind close relationship with the accused respondent, appellants Pawan Kumar Saini, Sudesh Saini and Tek Chand handed over Rs. 6,00,000/-, Rs. 4,00,000/- and Rs. 10,00,000/- to the respondent on 02.09.2004. Thereafter, on different dates, appellant Pawan Kumar Saini gave Rs. 25,00,000/- to the accused respondent while Tek Chand gave Rs. 30,00,000/- and Smt. Sudesh Saini gave Rs. 12,00,000/- to the accused respondent till 01.05.2006.
3. To win over the confidence of the appellants, accused respondent agreed to open joint account in the name of appellant Pawan Kumar Saini. Joint account was opened in the name of accused respo
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Hiten P. Dalal Vs. Bratindranath Banerjee 2001 (6) SCC 16
State of Madras vs. A. Vaidyanatha Iyer AIR 1958 SC 61
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