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2022 (7) TMI 513 - HIMACHAL PRADESH HIGH COURTDishonor of Cheque - power vested in the learned Court below under Section 311 Cr.P.C. is not exercised - HELD THAT:- In the instant case, the petitioner has taken the loan from the bank and he has issued cheques to the bank towards payment of loan amount. It is not in dispute that consideration for the issuance of cheques is the loan amount, which the petitioner was to repay to the bank. It is also not in dispute that cheques bear signatures of the petitioner. In these circumstances, this Court has no reason to come to the conclusion that any other evidence is required to be adduced on record in proceedings under Section 138 of the Act, which are summary proceedings, for the simple reason that when the loan was taken, the petitioner supposed to have mortgaged the property to the bank by depositing the title deeds and thus, the bank had adopted its normal procedure and so judicial notice of the same can be taken. There is no relevance of witness to be examined when proceedings are based upon the Negotiable Instruments, as the petitioner has himself admitted that cheques were signed/issued by him and the consideration is also there for loan amount - Further, it is clear from the action of the respondents that he wanted to delay the proceedings by one way or the other, as one after the another, he kept on moving different applications when the case was at the final stage. Petition dismissed.
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