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2022 Supreme(HP) 590

AJAY MOHAN GOEL
Rahul Huddon (Bunty), S/o Sh. J. P. Huddon – Appellant
Versus
ADS Dhalli – Respondent


Advocate Appeared:
For the Petitioner:Mr. B.N. Sharma And Ms. Mamta K. Bhatwan, Advocates

JUDGMENT :

By way of this petition, filed under Section 482 of the Code of Criminal Code, the petitioner seeks quashing of order dated 19.02.2021, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.2, Shimla, District Shimla, H.P., in Complaint No.19613 of 14/12, titled M/s ADS Dhalli, Shimla Versus Sh. Rahul Huddon (Bunty), filed by the respondent herein against the present petitioner under Section 138 of the Negotiable Instruments Act, 1881, in terms whereof, the accused i.e. the petitioner herein has been directed by the learned Court below to deposit 20% of the cheque amount as interim compensation within sixty days as from the date of passing of the order.

2. Learned counsel for the petitioner has primarily argued that the impugned order is not sustainable in the eyes of law, for the reason that as the cheque amount is huge and as the petitioner is not in a position to comply with the direction so issued by the learned Court below, therefore, the same needs to be quashed and set aside. No other point was urged.

3. Having carefully gone through the order passed by the learned Court below, which stands impugned by way of this petition and after taking int

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