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2025 Supreme(Online)(HP) 9037

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
THE THORE CO-OPERATIVE AGRICULTURE SERVICE SOCIETY LTD – Appellant
Versus
Milap Chand – Respondent


Petitioner Advocates:Surender K. Sharma ,Respondent Advocate:

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2506 of 2025.

Reserved on: 21.11.2025.

Date of Decision: 26.11.2025.

The Thore Co-operative Agriculture Service Society Ltd.

...Applicant/ appellant Versus Milap Chand r ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1 No For the applicant/ : Mr. Surender K Sharma, Advocate.

appellant Rakesh Kainthla, Judge i The applicant/appellant has filed the present application for seeking leave to appeal against the judgment dated 14.07.2025 passed by learned Additional Chief Judicial Magistrate, Dehra, District Kangra, HP (learned Trial Court). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. Briefly stated, the facts giving rise to the present appeal are that the applicant/complainant filed a complaint against the accused before the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as NI Act). It was asserted that the accused borrowed money from

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