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2022 Supreme(HP) 421

CHANDER BHUSAN BAROWALIA
Natwar Singh Bhauta S/O Sh. Devinder Singh – Appellant
Versus
Tikkam Dass Banshtu S/o Sh. Kaunl Ram Banshtu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Virbahadur Verma, Advocate.
For the Respondent: Mr. K.B. Khajuria, Mr. Arvind Sharma, Addl. A.G, Mr. Gaurav Sharma, Mr. Kamal Kishore And Ms. Divya Sood, Dy. AGS.

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.319/3 of 2018 titled Tikkam Dass Banshtu vs. Natwar Singh 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 No.1-complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, that he had purchased apple boxes from the petitioner-accused and to discharge the legal liability, the petitioner issued post dated cheque amounting to Rs.96,430/- drawn on State Bank of India, Branch Kutara, in his favour. Thereafter, the said cheque presented for collection, but the same was dishonoured due to Insufficient funds, vide memo dated 16.10.2018. Respondent No.1 issued legal notice dated 3.11.2018 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. Despi

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