2021 (11) TMI 451

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..... 397/401 Cr.P.C., lays challenge to judgment dated 30.3.2020 passed by learned Sessions Judge, Sirmaur District at Nahan, H.P. in Criminal Appeal No. 46-Cr.A/10 of 2019 affirming judgment of conviction and order of sentence dated 24.4.2019/30.4.2019 passed by learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, H.P. in Complaint No. 166/2016 (Registration No. 66 of 2016), titled Sanja .....

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..... s liability, accused issued cheque Ext. CW-1/B for Rs. 2,70,000/-, but the fact remains that on presentation, aforesaid cheque was dishonoured on account of insufficient funds. Since despite having received legal notice served upon the accused by the complainant, accused failed to make good the payment, complainant was compelled to initiate proceedings under S. 138 of the Act in the competent Cour .....

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..... osed by learned trial Court, directed the accused to deposit 15% of the cheque amount and to furnish personal bonds in the trial court. Aforesaid order stands complied with. 5. Today during the proceedings of the case, learned Counsel appearing for the accused stated that entire sum of Rs. 3.00 Lakh awarded by learned trial Court stands paid to the complainant and as such, this court, while exerc .....

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..... ed is acquitted of the charges framed against him under S. 138 of the Act. Complainant further states that he has come to the court to make statement, of his own volition and without there being any external pressure. His statement is taken on record. 7. Since the parties to lis have already resolved to settle the dispute inter se them amicably and in terms of compromise between them, Rs. 2,25,00 .....

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..... 138 of the Act. Bonds furnished by the accused are discharged. Needless to say, Rs. 75,000/- lying deposited with learned trial Court shall be released in favour of the complainant, and remitted into his saving bank account, details whereof shall be furnished by the complainant to the learned trial Court. 9. Petition stands disposed of in the afore terms, alongwith all pending applications.
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