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2017 Supreme(HP) 549

SANDEEP SHARMA
Piar Singh – Appellant
Versus
Dishant Constructions – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Malay Kaushal
For the Respondent: Mr. Suneet Goel

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved with the order dated 6.1.2017 passed by learned Judicial Magistrate 1st Class (Junior Division), Mandi in case No.84-1/2011, whereby application having been filed by the petitioner-accused under Section 311 of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’) came to be dismissed, petitioner-accused has approached this Court by way of instant petition filed under Section 482 Cr.P.C. praying therein for setting aside the aforesaid impugned order.

2. Briefly stated facts, as emerged from the record, are that the respondent-complainant filed a complaint under Section 138 of the Negotiable Instrument Act, in the Court of learned trial Court against the present petitioner-accused, alleging therein that the petitioner-accused in order to discharge his liability on account of debt towards the respondent-complainant, issued a cheque bearing No.942861, dated 15.11.2010, amounting to Rs.3,80,000/- drawn on Punjab National Bank, Bharmour (Chamba) Branch in favour of respondent-complainant. Since cheque referred above came to be dishonoured on its presentation, respondent-complainant served statutory demand notice on the petiti












































































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