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2019 Supreme(HP) 1740

ANOOP CHITKARA
Manoj Chauhan – Appellant
Versus
Suman Sehgal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vivek Chauhan, Advocate.
For the Respondent:Mr. Manoher Lal Sharma, Advocate.

JUDGMENT :

Anoop Chitkara, J.

The matter for consideration before this Court is the criminal revision petition, filed under sections 397 & 401 of the Code of Criminal Procedure, 1973, starting now to be called as CrPC. The petitioner is challenging the judgment dated 5.1.2019, passed by Sessions Judge, Solan, dismissing his appeal, (Criminal appeal no. 2-S/10 of 2018) and upholding the decision of the trial Court, dated 19-12-2017, passed by Judicial Magistrate, Ist Class, Court No. 2, Solan, H.P., (Case no. 298-3/2015, Suman Sehgal Vs. Manoj Chauhan), convicting the accused of commission of an offence punishable under section 138 of Negotiable instruments Act, from now on called as NIA. The petition was put up on 11-4- 2019, when this Court issued notices to the respondent/complainant.

2. On 19-06-2016, the learned counsel for the parties stated that the parties have entered into a compromise and they have settled all the money transactions in terms of the same. Petitioner has also moved an application under Section 482 Cr.P.C. (Cr.M.P. No. 1051 of 2019) for compounding of the offence in question, annexing therewith the compromise deed (Annexure-A).

3. Today the petitioner, who is pr

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