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2024 Supreme(HP) 425

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Arun Patiyal – Appellant
Versus
Navneet Sharma – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Bonit Thakur, Advocate.
For the Respondent:Mr. Rajul Chauhan, Advocate, Ms. Jyoti Chauhan, Advocate vice Mr. Sanjay Dalmia, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

1. The petitioner (accused before learned Trial Court) has filed the present petition for quashing of complaint No.52-3 of 2019 bearing registration No.39/2019 titled Navneet Sharma vs. Arun Kumar and the order dated 30.01.2019 summoning the accused. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint against the accused for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (in short ‘NI Act’). It was asserted that the complainant is the registered owner of a private passenger vehicle bearing registration No. HP-35C-3300. He sold it to the accused on 10.09.2020 for Rs.7,50,000/-. The accused issued a post-dated cheque of Rs.7,50,000/- in the discharge of his legal liability. The complainant presented the cheque before his Bank but it was dishonoured with an endorsement of ‘insufÏcient funds’. The complainant served a notice upon the accused but the accused failed to pay the amount despite the receipt of the notice; hence, a co

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