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2022 Supreme(P&H) 714

NAMIT KUMAR
Rajesh Sharma – Appellant
Versus
Gagan Fibres Pvt. Ltd. – Respondent


Advocates:
Mr. Manuj Nagrath, Advocate for the petitioner., for the Appellant; ; , for the Respondent

JUDGMENT

Namit Kumar, J. - The instant petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 27.07.2022 passed by the learned Additional Sessions Judge, Ludhiana in Criminal Appeal No.126 of 2020 (Rajesh Sharma versus M/s Gagan Fibers Pvt. Ltd.), whereby, the application filed by the complainant/respondent under Section 148 of Negotiable Instruments Act, 1881 has been allowed and the petitioner has been directed to pay 20% of the compensation i.e. Rs.3,07,828/- of Rs.15,39,142/- on the next date of hearing with a further direction that in case this amount is not paid then bail order shall be cancelled and petitioner shall be taken into custody as the bail granted to him is always subject to the decision of Section 148 of the Negotiable Instruments Act, 1881.

2. Briefly stated the facts of the case are that the respondent filed a complaint under Section 138 of the Negotiable Instruments Act read with Section 420 IPC against the petitioner titled as 'M/s Gagan Fibres Private Ltd. versus Rajesh Sharma', COMA/924/2014 dated 13.02.2014 before the learned Judicial Magistrate 1st Class, Ludhiana on the basis of alleg

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