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Himachal Pradesh Court June 1998 Judgments

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Jun 23 1998

Satinder Kapur Vs. V.K. Sehgal

Court: Himachal Pradesh

Decided on: Jun-23-1998

Reported in: [2000]99CompCas1(HP)

R.L. Khurana, J. 1. The petitioner, Satinder Kumar, who is the managing director of Indian Magnetics Ltd., has approached this court under Section 482 of the Code of Criminal Procedure, 1973, for quashing the criminal proceeding pending against him before the learned Chief Judicial Magistrate, Shimla, for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'), being Criminal Case No, 51/3 of 1997. 2. Admittedly, the petitioner had issued a cheque dated March 31, 1997, in favour of the respondent for a sum of Rs. 68,000. This cheque on having been presented to the bank by the respondent for encashment was returned dishonoured with the endorsement 'insufficient funds'. The respondent thereafter launched prosecution against the petitioner by preferring a complaint before the learned Chief Judicial Magistrate, Shimla. 3. By virtue of the present petition, challenge has been laid to the continuation of the criminal proceedings, inter ali...


Jun 12 1998

National Insurance Co. Ltd. Vs. Ramesh Kumar and ors.

Court: Himachal Pradesh

Decided on: Jun-12-1998

Reported in: 1999ACJ1305

Lokeshwar Singh Panta, J.1.The Motor Accidents Claims Tribunal, Solan, in Claim Petition No. 44-S/2 of 1989 has awarded the compensation amount of Rs. 1,66,500 in respect of the death of Mohan Lal and amount of Rs. 48,021 towards the loss of goods by judgment and order dated 24.8.1990 to the heirs of the deceased, who had expired on the night intervening 17/18.9.1988 in the accident. That order is challenged by the insurance company by filing this first appeal.2. Briefly stated, the facts giving rise to the present appeal are that; Mohan Lal, aged about 55 years, resident of Junga, Tehsil and District Shimla was travelling in truck bearing registration No. HPR 89 owned by Himachal Wholesale Syndicate, Parwanoo and Ram Murti and Ramesh Kumar were its partners. The truck was loaded with goods worth about Rs. 50,000 belonging to the deceased and the goods were being carried from Parwanoo to Junga. The said truck met with an accident near Barog on the intervening night between 17 and 18.9....


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