Janta Sehkari Sakh Sanstha ... vs Shehjad
2023 Latest Caselaw 2279 MP

                                                                                  1
                                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                                         AT INDORE
                                                                           CRA No. 9852 of 2022
                                             (JANTA SEHKARI SAKH SANSTHA MARYADIT SHALINI ROAD DEWAS THROUGH MANAGER RAMENDRA
                                                                           SIGH KUSHWAH Vs SHEHJAD)

                                             Dated : 08-02-2023
                                                      Shri Kamal Nayan Airen - Advocate for appellant.


                                                      Counsel for the appellant submits that the issue No.1 and 2 have been
                                             found to be proved regarding sanction of the loan and repayment of the debt.
                                             However, the respondent has been acquitted only on the ground that the cheque

return memo date was not bearing seal of the bank though in the cheque return

memo, it has been clearly mentioned that fund was insufficient in the account. The judgment is contrary to the judgment passed by the Apex Court in the case o f K. Bhaskaran vs. Sankaran Vaidhyan Balan , AIR 1999 SC 3762 which has been followed by Delhi High Court in case of Guneet Bhasin vs. State of NCT of Delhi, CRL.M.C. 4100/2022.

In view of the aforesaid submissions, leave to appeal is granted. Issue bailable warrant to the respondent for a sum of Rs.50,000/- to secure his presence in the Court to a date fixed by the Registry.

(VIJAY KUMAR SHUKLA) JUDGE

soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.02.08 18:40:19 IST