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RAKESH KAINTHLA
Ashok Kumar – Appellant
Versus
Parveen Kumar – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Sanjay Jaswal, Advocate.
For the Respondent:Mr. Naresh Kaul, Mr. Jitender Sharma, Additional Advocate General.

JUDGMENT

Rakesh Kainthla, J.—The present revision is directed against the judgment dated 01.11.2018 passed by the learned Additional Sessions Judge-I, Kangra at Dharamshala, vide which the appeal filed by the revisionist (accused before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were referred before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present revision are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (in short ‘NI Act’). It was asserted that the complainant and the accused had good relations with each other. The accused approached the complainant on 04.01.2007 and demanded Rs.1,00,000/-for some business with an assurance to return the same after a few months. The accused returned the amount of Rs.50,000/ - on 04.01.2007. He again borrowed a sum of Rs.1,00,000/- on 03.05.2007 and assured to return the same together with the earlier amount. The accused returned Rs.30,000/- on 02.12.2007. He again borrowed Rs.1,00,000/- and return

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