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2000 Supreme(P&H) 885

V.M.JAIN
Chand Rattan Newar – Appellant
Versus
Syam Rattan Newar – Respondent


Judgment

V. M. Jain, J.

1. This order shall dispose of the above mentioned five criminal Misc. petitions, having common question of law and facts.

2. For the purpose of convenience, the facts of Crl. Misc. No.1154-M of 1993 may be noticed. Shyam Rattan complainant filed a criminal complaint under Sec.138 of the Negotiable Instruments Act, 1881 (herein referred to as Act)against accused Chand Rattan Newar. In the said complaint, it was alleged that the accused is the real brother of the complainant and that a joint sitting of the complainant and the accused besides Suresh Rattan and one Prithvi chand and taken place at Sirsa in the first week of June, 1991, for resolving a dispute regarding the settlement of payment of outstanding amount by the accused to the complainant and then with the persuasion of the efforts of suresh Rattan, real brother of the complainant and the accused and also of prithvi Chand, who is a common friend and well wisher of the family, a settlement was arrived at between the complainant and the accused and in pursuance thereof the accused agreed to make the payment of the Outstanding amount of Rs.1,38,700/- within a period of three weeks. Thereupon the accused







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