SANJAY KUMAR VERMA Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
SANJAY KUMAR VERMA
State of Uttarakhand and another
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(1.) A complaint was lodged by B.S. Rautela, Branch Manager of respondent no. 2 company, under Section 138 of the Negotiable Instruments Act, 1881 against the accused-revisionist Sanjay Kumar Verma.
(2.) According to the complainant, he was a Branch Manager of Social Finance and Commercial Ltd, Ranipur Diversion, Haridwar. The accused-revisionist obtained a loan from the respondent company on 20.12.1995. Accused gave a cheque dated 23.08.2003 of Punjab National Bank amounting to Rs. 50,000/- to the complainant-respondent no. 2. When the complainant presented the cheque for encashment, the same was dishonoured. The complainant gave a notice to the accused, but the accused did not pay the money, despite expiry of the time granted in the notice.
(3.) Statement of the complainant was recorded under Section 200 of Cr.P.C. Complainant filed the original cheque, book memo and notice. On the basis of his statement, the accused was summoned to face the trial under Section 138 of the Negotiable Instruments Act, 1881.
When the accused appeared before the trial court, he admitted that he took loan from respondent no. 2. Accused also assured that he would pay back the money to respondent no. 2. Accused, however, said that a blank cheque was given by him to the complainant-respondent no. 2.;
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