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2023 Supreme(HP) 387

VIRENDER SINGH
Rakesh Awasthi – Appellant
Versus
Ritesh Sharma – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Govind Korla.

JUDGMENT :

Virender Singh, J.

Petitioner Rakesh Awasthi has filed the present petition, under Section 482 of the Code of Criminal Procedure, (hereinafter referred to as ‘the Cr.P.C.”) read with Section 147 of the Negotiable Instruments Act, 1881, (hereinafter referred to as ‘the N.I. Act’) for following reliefs :

    “(I) To order compounding of the offence allegedly committed by the petitioner under Section 138 of the Negotiable Instruments Act.

(II) While exercising power under Section 482 of the Code of Criminal Procedure, order setting aside of the judgment dated 9.11.2016 passed by learned Additional Sessions Judge-III, Kangra at Dharamshala camp at Palampur, District Kangra, Himachal Pradesh in Cr. Appeal No. 158-P/X/2013/11 as also judgment of conviction and order of sentence dated 14/15.11.2011 passed by earned Judicial Magistrate First Class, Court No. 1, Palampur, District Kangra, Himachal Pradesh in Cr. Complaint No. 190-III/2010 and thereafter acquit the accused.

(III) To set aside the order dated 16.5.2023 passed by learned Additional Chief Judicial Magistrate Palampur, District Kangra, in Cr. Complaint No. 190-III/2010, whereby non-bailable warrants has been issued against the

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