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High Court of Himachal Pradesh · body

2025 DAILYLAW 1715 (HP)

HIMACHAL PRADESH STATE CO-OP. AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. KARSOG v. ROSHAN LAL AND ANOTHER

CR.A/420/2025 · 2026-04-20

Sandeep Sharma

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal No 420 of 2025 Date of Decision: 20.4.2026 _____________________________________________________________________ Himachal Pradesh State Co-operative Agriculture and Rural Development Bank ……...Appellant Versus Roshan Lal and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the appellant: Mr. Hamender Singh Chandel, Advocate. For the respondent: Mr. Vasu Sood, Advocate, for respondent No.1. Mr. Rajan Kahol, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for the State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Learned counsel for the parties state that during the pendency of the present appeal, loan amount has been settled by the respondents-accused. 2. Now question which needs to be decided is with regard to cost awarded by the learned first appellate court to the tune of Rs. 10,000/-. 3. Once it is not in dispute that respondents had to repay the loan amount and for recovery of the same, appellant-bank had to institute legal proceedings under Section 138 of the Negotiable - 2 - Instruments Act in the competent court of law, there was otherwise no justification for the court below to impose cost upon the complainant. 4. Consequently, in view of the above, order dated 5.12.2023, thereby imposing cost, is quashed and set-aside. In the aforesaid terms, present appeal is disposed of along with pending applications, if any. April 20, 2026 (Sandeep Sharma), manjit Judge