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2023 Supreme(HP) 233

VIVEK SINGH THAKUR
Ravi Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr. IPS Kohli and Mr. Ashok Kumar Verma, Advocates.
For the Respondents:Mr. Hemant Vaid, Additional Advocate General, Ms Devyani Sharma, Adv.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner Ravi Kumar has approached this Court for quashing Criminal Complaint No.163/2 of 2016, titled as Prem Singh v. Ravi Kumar, filed by complainant-respondent No.2 Prem Singh (hereinafter referred to as complainant), pending in the Court of Additional Chief Judicial Magistrate, Nalagarh, District Solan, Himachal Pradesh (hereinafter referred to as Magistrate), including summoning order dated 18.2.2017, passed by the Magistrate on the basis of complaint filed by complainant and material placed on record therewith.

2. Respondent No.1 is State of Himachal Pradesh, which has not been arrayed as a party by the complainant in the complaint filed under Section 138 of the Negotiable Instruments Act (hereinafter referred to as NI Act), but has been arrayed as respondent No.1 in the present petition. There is no role of the State in the matter and no relief has been sought against respondent No.1. Petitioner and complainant are the contesting parties.

3. From the material on record, certain admitted facts have emerged, according to which an Agreement dated 8.9.2015 was entered upon between the petitioner and complainant, whereby petitioner had agreed to p


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