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2023 Supreme(MP) 539

DEEPAK KUMAR AGARWAL
Yogesh – Appellant
Versus
Mukut Singh – Respondent


Advocates Appeared:
Mr. Anant Kumar Bansal, Learned Counsel, for the Appellant; Mr. Anil Kumar Shrivastava, Learned Counsel, for the Respondent

JUDGMENT

ORDER

1. This appeal has been filed by the appellant under Section 378 of Cr.P.C. being aggrieved by the judgment dated 6.8.2015 passed by Judicial Magistrate First Class Guna in Complainant case No. 2052/13, whereby the respondent was acquitted from the charge under Section 138 of the Negotiable Instruments Act.

2. Brief facts of the case are that appellant and respondent were acquainted with each other. Respondent on the need of personal expenses took Rs. One Lac from appellant/complainant by way of loan and assured him that whenever appellant is required he will repay the amount. Thereafter, when he needed aforesaid money he requested respondent. On his request respondent issued a cheque bearing No. 254734 of Punjab and Sind Bank, Branch Guna of his account No.8787 dated 25.07.2013 to the tune of Rs. One Lac. Afterwards, he presented the aforesaid cheque in Bank of India through its account No.889010110005247 on 26.07.2013 that was not honored by dated 29.07.2013. It returned with the note that respondent was not having sufficient amount in his account. Thereafter, he served a notice to respondent on 7.8.2013 by registered Daak which came unserved with the note that addres

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