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2024 Supreme(HP) 208

RANJAN SHARMA
Dina Nath – Appellant
Versus
Shankar Dass – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nand Lal Thakur.
For the Respondents: T.S. Chauhan, Surya Chauhan, J.K. Sharma.

JUDGMENT :

RANJAN SHARMA, J.

1. The petitioner, Dina Nath, a convict under Section 138 of the Negotiable Instruments Act, has come up, in this petition under Section 482 of the Code of Criminal Procedure, seeking quashing of the judgments passed by the Learned Chief Judicial Magistrate, Lahaul & Spiti at Kullu [hereinafter referred to as ‘Learned Trial Court’] dated 02.04.2022/12.04.2022 [Annexure P-1], in Complaint No. 211-1 of 2015, titled as Shankar Dass vs. Dina Nath, which was affirmed by the Learned Additional Sessions Judge, Kullu, District Kullu [H.P.] [hereinafter referred to as ‘Learned Appellate Court’] in Criminal Appeal No. 14 of 2022, titled as Dina Nath vs. Shankar Dass, on 08.08.2022 [Annexure P-2].

2. Consequent upon the conviction and sentence imposed by the Learned Trial Court, which was affirmed by the Learned Appellate Court, the Learned Counsel for the petitioner-accused submits that during the pendency of instant proceedings, the petitioner-accused [Dina Nath], has remitted the entire liability of Rs. 2,80,000/- [Rupees Two Lakh Eighty Thousand] to the respondent-complainant [Shankar Dass], which is borne out from the receipt dated 09.03.2024 [Annexure P-3] and

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