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2022 Supreme(HP) 236

SANDEEP SHARMA
Dev Raj S/O Shri Bashi Ram – Appellant
Versus
Bir Singh Malhotra Son Of Sh. Gurumukha Singh – Respondent


Advocates Appeared:
For The Appellant :Mr. Rajiv Rai And Mr. Alok Ranjan, Advocates

ORDER :

By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of petitioners/accused for quashing and setting aside order dated 3.3.2018, whereby application under Section 319 CrPC filed by the respondent No.2/complainant (hereinafter, ‘complainant’) praying therein to array the petitioners as an accused in case No. 67 of 2016, having been filed by him under S.138 of the Negotiable Instruments Act pending adjudication before Chief Judicial Magistrate, Chamba, Tehsil and District Chamba, came to be allowed.

2. Precisely the facts, as emerge from the record are that the complainant instituted a complaint under S.138 of the Act in the court of learned Chief Judicial Magistrate, Chamba, District Chamba, against respondent No.2/accused-Rishi Rana (hereinafter, ‘accused’), alleging therein that the above named accused approached him in the month of March, 2016, seeking loan of Rs. 5.00 Lakh for his domestic use. Complainant, who had cordial relations with the accused, advanced Rs. 5.00 Lakh in the month of March, 2016 with the understanding that the same shall be returned by the accused within a period of one month. Since the accused failed to make payment in th

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