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2014 Supreme(MP) 1560

S.K.PALO
Vinod Kumar Sharma – Appellant
Versus
Satpura Narmada Kshetriya Gramin Bank – Respondent


Advocates Appeared:
For the Petitioner:Prashant Sharma, Advocate.
For the Respondents:D.S. Chauhan, Advocate.

JUDGMENT :

S.K. Palo, J.

1. Heard.

2. This petition has been filed under Section 482 of Cr.P.C. to invoke the jurisdiction of this Court seeking the relief to set aside the order dated 16.05.2014 passed by learned JMFC, Ambah district Morena in Criminal Case No. 1306/2011 (Satpura Narmada Kshetriya Gramin Bank Vs. Vinod Kumar Sharma) pending under Section138 of Negotiable Instrument Act, by which learned Trial Court has dismissed the application filed by the accused/petitioner under Section 91 of Cr.P.C.

3. The facts giving arise to this petition in brief are that the petitioner/accused obtained loan to the tune of Rs.82,80,000/- from the respondent/complainant Bank against the receipts of the warehouse and issued cheques of Central Bank of India, Branch Porsa having account No. 10206 on 13.04.2011. The value of these cheques is Rs.92,98,485/-. As these cheques were dishonoured, the complainant/bank has filed this complaint against the petitioner under Section 138 of Negotiable Instrument Act. On behalf of the petitioner/accused, it is submitted that for the loan against receipts of the warehouse, no cheque was issued by him for construction of warehouse. He obtained a loan of Rs.15,00








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