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2023 Supreme(P&H) 252

SUVIR SEHGAL
Lakhan – Appellant
Versus
Rajesh Kumar Sikri – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Parvez Chugh.

JUDGMENT :

Suvir Sehgal, J.

1. By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner is seeking setting aside of order dated 06.05.2023, Annexure P-6, passed by learned Judicial Magistrate, Ferozepur in complaint bearing CIS No. NACT-16-2021 titled as “Rajesh Kumar Sikri Versus Lakhan” by which application dated 03.01.2023, Annexure P-4, preferred by the petitioner, to dispose of the complaint as having been settled, was dismissed.

2. Factual matrix leading to the filing of the petition is that the respondent instituted a complaint under Section 138 and 142 of the Negotiable Instruments Act, 1881 against the petitioner on account of dishonor of a cheque. Upon being summoned, petitioner appeared before the Trial Court and as there was a probability of settlement between the parties, they were referred to the Lok Adalat. In the Pre Lok Adalat held on 26.08.2022, Annexure P-2, petitioner suffered a statement that he has effected a compromise with the complainant for Rs.3.50 lacs in full and final settlement and he will make part payment of Rs.12,500/- on 15.09.2022 and the balance amount will be paid in 45 equal monthly installments of Rs.

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