JUDGEMENT
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(1.) Leave granted.
(2.) What would be the period of limitation for institution of a suit for recovery of pledged ornaments is the question involved herein.
(3.) It arises in the following factual matrix:
On or about 26.06.1998, the respondent filed a civil suit against the appellant for recovery of certain items of jewellery allegedly pledged with him on 2.12.1987 for the purpose of obtaining loan of a sum of Rs. 7000/-.
On the premise that the appellant had violated the provisions of the Madhya Pradesh Money Lenders Act, 1934 in relation to the aforementioned grant of loan, a criminal proceeding was initiated against him, which was marked as Case No. 511 of 1997. In the said criminal case, he admitted his guilt. A fine of Rs. 150/- was imposed on him. The charge was read over to him, which reads as under:
The charge on you is that before date 29.3.97 complainant Laxmi Prasad was paid borrowed money to you but even after that you were demanding interest at 5%. Your this act is criminal offence under Section 3, 4 of Money Lenders Act. Therefore, show cause as to why you should not be held guilty of the said offence.;
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