IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No.1111 of 2024 Date of Decision: 05.01.2026

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Sh. Naresh Kumar

…….Petitioner

Versus

Sh. Rakesh Kumar …..Respondent _______________________________________________________

Coram: o

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹

For the Petitioner: Mr. Rajat Kumar, Advocate.

For the Respondents: Mr. Piyush Dhanotia, Advocate.

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Sandeep Sharma, Judge(oral):

By way of instant petition filed under Section 528 of

Bharatiya Nagrik Suraksha Sanhita, 2023 (in short “BNSS”) read with Section 147 of Negotiable Instruments Act, (in short “NIA”), prayer has been made on behalf of the petitioner for quashing and setting aside the judgment of conviction and order of sentence dated 29.04.2022 passed learned Additional Chief Judicial Magistrate, Theog, District Shimla, Himachal Pradesh in Criminal Case No.242/3 of 2013 and further upheld by this Court, vide judgment dated 26.07.2024 passed in Cr. Revision No.104 of 2023, titled as Naresh Kumar Vs. Rakesh Kumar, on the basis of compromise, whereby

parties have resolved to sett