Narayan Prasad Saini vs Zila Sahkari Kendriya Bank Maryadit 60 ... on 4 May, 2018
10. On 01.03.2023 additional written submissions were filed
on behalf of the complainant by Ld. Counsel Sh. Durga Prasad
wherein it is stated that the accused has borrowed a loan of Rs.
4,40,000 from the complainant which was not rebutted/objected
by the accused by giving a single suggestion that his submissions
Anita Saini Vs. Rakesh Kumar Singh 12/36
were wrong or she is deposing falsely that no loan of Rs.
4,40,000 was ever being given. Further there were no suggestion
of Rs. 50,000 in the account of Mr Chetan, if this question has
been asked to the complainant, she could have had explained on
which circumstances the said cheque was encashed by Mr
Chetan, thus admitting to the fact of borrowing the loan of Rs.
4,40,000/-. It is also admitted by the accused that the cheque in
question was issued in discharge of his liability. However, he
took a false defence that he had repaid the loan in cash but no
oral or documentary evidence was produced by the accused in his
defence. Moreover, not even a single suggestion was given on the
cross examinations of the accused that the accused has repaid the
loan amount. Further more, that the accused has miserably failed
to lead any evidence, the mode of the repayment of the loan, and
in whose presence the loan amount was repaid to the
complainant. The accused also submitted that even in respect of
the same, the complainant has taken the cash payment but did not
return the cheque which were given as security.