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2022 Supreme(HP) 414

CHANDER BHUSAN BAROWALIA
Natwar Bhauta S/o Sh. Devinder Singh – Appellant
Versus
Rajinder Singh Son Of Late Sh. Jiya Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Virbahadur Verma, Advocate
For the Respondent:Mr. K.B. Khajuria, Advocate

ORDER :

The present petition maintained under Section 482 Cr.P.C to compound the offence committed by the petitioner under Section 138 of the Negotiable Instruments Act, in Criminal Case No.254/3 of 2018 titled Rajinder Singh vs. Natwar Bhauta and further to quash the sentence of one year awarded to the petitioner alongwith all consequential proceedings arising out of the said F.I.R; pending before the learned trial Court.

2. Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, that he had purchased apple amounting to Rs.5,00,000/- and instead of paying cash, he had handed over cheque dated 8.8.2018, to discharge his legal liability. The petitioner issued cheque amounting to Rs.5,00,000/- drawn on Central Bank of India, Branch Khadrala, but the same was dishonoured, vide memo dated 2.9.2018. Thereafter, the respondent issued legal notice dated 15.9.2018 through registered post, whereby the petitioner was called upon to make payment of the cheque amount within the statutory period of 15 days from the receipt of notice. Despite delivery of notice, the petitioner failed to

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