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2023 Supreme(HP) 403

SANDEEP SHARMA
Hari Chand – Appellant
Versus
Deep Saini – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. B.B.Vaid, Advocate.
For the Respondent:Mr. T.S.Chauhan, Advocate, Mr. B.C.Verma, Additional Advocate General

JUDGMENT :

Sandeep Sharma, J.

By way of instant application filed under Section 482 Cr.P.C read with Section 147 of the Negotiable Instruments Act (for short ‘Act’), prayer has been made on behalf of the applicant-accused for compounding of the offence alleged to have been committed by him under Section 138 of the Act. No reply is intended to be filed on behalf of the non-applicant/respondent. Mr. T.S.Chauhan, learned counsel representing the respondent, fairly states that after passing of judgment dated 24th November, 2021 passed by this Court, whereby judgment of conviction and order of sentence recorded by learned court below came to be upheld, parties have entered into the compromise, whereby respondent-complainant has received the entire amount of compensation and as such, prayer made in the instant application can be accepted.

2. Precisely, the facts of the case, as emerge from the record, are that respondent No.1/Complainant (hereafter referred to as the ‘complainant’) instituted a complaint under Section138 of the Act in the Court of learned Additional Chief Judicial, Court No.1, Sundernagar, District Mandi, H.P., alleging therein that he had advanced sum of Rs. 1,00,000/- to

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