Decided on April 27,2013

Pawan Kumar Saini Appellant
Jogendra Kumar Respondents


Alok Singh, J. - (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. 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.
(2.) 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 respondent and appellant Pawan Kumar Saini. Pawan Kumar Saini and accused respondent started working together in different contract projects. At the time of demanding loan, accused respondent agreed to return the entire amount to the appellants along with 15% profit of different contract projects taken by him. Thereafter, on demand being made by the appellants to return to the borrowed money, accused respondent handed over two cheques to appellant Pawan Kumar Saini on 28.06.2006. One cheque dated 22.07.2006 of Indian Overseas Bank, Jwalapur Branch was amounting to Rs. 10,00,000/ - while another cheque was of Rs. 10,80,000/ - bearing cheque No. 805459 of State Bank of India, Roorkee Branch dated 21.07.2006. Appellant Pawan Kumar Saini got the payment of Rs. 10,00,000/ - of the aforesaid cheque of Indian Overseas Bank, Jwalapur Branch, however, cheque amounting to Rs. 10,80,000/ - was returned on 25.07.2006 with an endorsement "ACCOUNT IS CLOSED". Thereafter, appellant Pawan Kumar sent a legal notice dated 08.08.2006 by registered AD on the correct address of accused respondent, which was returned on 21.08.2006. Thereafter, Pawan Kumar Saini lodged a complaint case No. 1807 of 2006 in the court of Judicial Magistrate, Roorkee.
(3.) ACCUSED respondent handed over cheque No. 805460 of State Bank of India, Roorkee, Branch dated 22.07.2006 of Rs. 8,30,000/ - to the appellant Smt. Sudesh Saini which was returned by the Bank on 25.07.2006 on the ground "ACCOUNT IS CLOSED". Thereafter, appellant Sudesh Saini sent a legal notice by registered AD on 08.08.2006, which was returned unserved on 21.08.2006. Thereafter, appellant Sudesh filed a complaint case against the respondent/accused in the court of Judicial Magistrate, Roorkee bearing No. 2024 of 2006.;

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