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2023 Supreme(HP) 401

SUSHIL KUKREJA
Rattan Singh – Appellant
Versus
Shamshad Ali – Respondent


Advocate Appeared:
For the Appellant :Mr. Mohar Singh, Advocate.
For the Respondents:Mr. Bonit Thakur, Advocate, Mr. Baldev Negi and Mr. Pushpender Singh Jaswal, Additional Advocates General

JUDGMENT :

SUSHIL KUKREJA, J.

By way of instant petition filed under Section 482 of the Code of Criminal Procedure, the petitioner, who has been convicted and sentenced for committing offence under Section 138 of the Negotiable Instruments Act, 1981 (hereinafter referred to as “the Act”), in Criminal Case No. 270/2017, is seeking compounding of offence on the basis of compromise arrived inter se parties.

2. Brief facts of the case are that complainant/respondent No. 1 filed a complaint under Section 138 of the Act against the accused/petitioner, alleging therein that in January, 2017, the accused entered into an agreement with the complainant to purchase Tata Indigo Car bearing registration No. HP17C5207.

The Accused also agreed to pay balance installments alongwith over dues amounting to Rs. 2,25,000/, which was financed by Shri Ram City Union Finance Ltd. with a view to discharge his aforesaid liability. The accused issued a post dated cheque bearing No. 084434 dated 11.05.2017, for a sum of Rs. 2,00,000/drawn at Union Bank of India, Paonta Sahib in favour of the complainant. However, the said cheque on its presentation in the bank was dishonoured on account of insufficient funds. Af

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