Pradeep Kumar Thakur vs Sh. Binod Kumar Singh on 4 September, 2021

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Himachal Pradesh High Court

Pradeep Kumar Thakur vs Sh. Binod Kumar Singh on 4 September, 2021

Bench: Sureshwar Thakur

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 4TH DAY OF SEPTEMBER, 2021




                                                                 .
                               BEFORE





             HON'BLE MR. JUSTICE SURESHWAR THAKUR

                  CRIMINAL REVISION NO. 196 of 2021





    Between:-

    PRADEEP KUMAR THAKUR
    SON OF SH. HARI SINGH THAKUR,





    R/O   VILLAGE    NAUGHT,  P.O
    DHARAMPUR,     TEHSIL  THEOG,
    DISTRICT SHIMLA, H.P.
                                                             ...... PETITIONER.

    (BY SH. J.P SHARMA, ADVOCATE)

    AND

    SHRI RAM TRANSPORT FINANCE


    CO.    LIMITED    HAVING    ITS
    REGISTERED OFFICE AT 123,
    ANAGAPA       NICKEN   STREET,




    CHENNAI AND BRANCH OFFICE AT
    ASHA BHAWAN GHORA CHOWKI
    SHIMLA, H.P., THROUGH ITS LAW





    OFFICER     AND     AUTHORISED
    REPRESENTATIVE/GENERAL
    POWER OF ATTORNEY HOLDER





    SH. BINOD KUMAR SINGH.
                                                             .....RESPONDENT

    (BY. MAAN SINGH, ADVOCATE
    VICE MR. ASHWANI KAUNDAL, ADVOCATE)

    This petition coming on for orders this day, the Court passed the following:-

                               ORDER

Cr.M.P(M) No. 1710 of 2021 ::: Downloaded on - 31/01/2022 23:00:34 :::CIS 2

Heard. For the reasons enumerated in the application .

at hand, and, in view of the no objection pleaded by the learned vice counsel for the respondent, the delay in filing the present petition stands condoned. The application stands disposed of.

Cr.M.PST No. 4203 of 2021

Infructuous.

Criminal Revision No. 196 of 2021

2. Annexure P-3 is appended alongwith the petition. It discloses that the loan account, with respect to the borrowings made by the petitioner, has been completely settled. The learned vice counsel appearing for the respondent, does not contest the validity of Annexure P-3. He also submits that the afore Annexure appertains to the amount carried in the negotiable instrument concerned. Also, the learned vice counsel appearing for the respondent, does not oppose the prayer made by the learned counsel for the petitioner, for, this Court making an order for compounding the offence arising out of dishonor of negotiable instrument. Therefore, the prayer made by the learned counsel for the petitioner is accepted.

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3. Consequently the instant petition is accepted, and, .

the accused is acquitted of the notice of accusation drawn against him under Section 138 of the Negotiable instruments Act, and, the impugned judgment(s)/order(s), stand quashed and set aside. However, the aforesaid order shall take effect only upon the petitioner/accused, within six weeks from today, depositing 15% of the amount, comprised in the dishonored Cheque, before the H.P State Legal Services Authority.

4. All pending applications stand disposed of accordingly 4th September, 2021 (Sureshwar Thakur), (priti) Judge.

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