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High Court of Himachal Pradesh · body

2025 DAILYLAW 7522 (HP)

Shyam Lal Kashyap v. Sher Singh

CRMP/525/2025 · 2025-02-25

Rakesh Kainthla

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. 257 of 2024 Date of Decision: 25.02.2024 Shyam Lal Kashyap ... petitioner Versus Sher Singh ....Respondent Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For the petitioner : Mr. Rajul Chauhan, Advocate, vice Mr. Ajay Singh Kashyap. For the respondent : Mr. D.N. Sharma, Advocate. Rakesh Kainthla, Judge (oral) Learned counsel for the petitioner has produced the receipt issued by Member Secretary, H.P. Legal Services Authority regarding the deposit of Rs.16,200/- being the 15% of the cheque amount of Rs.1,08,000/-. 2. Learned counsel for the respondent has submitted that he has received the amount and he has instructions not to proceed with the complaint. 3. In view of these facts, the present revision is allowed and the complaint filed by the complainant is ordered to be dismissed as not pressed. 4. Consequently, the orders passed by learned Chief Judicial Magistrate, Theog in Criminal Case No. 276-3 of 2011 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 dated 01.11.2022 as affirmed by learned Additional Sessions Judge-II, Shimla, District Shimla, H.P in Criminal Appeal No. 80-S/10 of 2022 dated 11.01.2024 are ordered to be set aside. The accused is acquitted of the commission of offence punishable under Section 138 of Negotiable Instruments Act. 5. The petitioner is stated to be in custody. He is ordered to be released, if not required in any other case. Release warrants be prepared accordingly and be sent to Superintendent Jail, Kanda forthwith for necessary compliance. 6. In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any. (Rakesh Kainthla) Judge 25th February, 2024 (saurav pathania)