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2017 Supreme(HP) 638

SANDEEP SHARMA
Rakesh Kumar @ Rakesh Thakur – Appellant
Versus
Vikram Sood – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Neeraj Gupta
For the Respondent: Mr. Sunil Mohan Goel

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the accused-petitioner (hereinafter referred to as the ‘accused’) for quashing and setting aside the order dated 17.12.2016 (Annexure P-4) passed by Judicial Magistrate Ist Class, Manali in Complaint No.357-1 of 2012, whereby application having been filed by the accused under Section 311 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) has been dismissed.

2. Briefly stated facts, as emerged from the record, are that the respondent-complainant (hereinafter referred to as the ‘complainant’) instituted a complaint against the accused under Section 138 of the Negotiable Instrument Act (for short the ‘Act’) in the Court of learned Judicial Magistrate Ist Class, Manali, stating therein that the accused allegedly approached complainant on 14.10.2009 and made a request to advance a sum of Rs.19,05,000/- for expansion of business. Complainant advanced a sum of Rs.19,05,000/- to the accused, who in lieu of the same issued three cheques in favour of the complainant towards discharge of his liability. However, fact remains that aforesaid ch

































































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