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2012 Supreme(Raj) 229

R.S.CHAUHAN
Kanahiya Lal Ghamandi Lal – Appellant
Versus
Subhash – Respondent


Advocates Appeared
Niranjan Singh, for Appellant;
D.L. Rawla, for Respondent

Hon'ble CHAUHAN, J.—The appellant, M/s Kanahiya Lal Ghamandi Lal, is aggrieved by the judgment dated 29.10.2007 passed by Additional Sessions Judge No.1, Sri Ganganagar, whereby the learned Judge has quashed and set aside the judgment dated 28.3.2005 passed by Additional Chief Judicial Magistrate, Sri Ganganagar. Vide judgment dated 28.3.2005, the learned Magistrate had convicted the respondent, Subhash, for offence under Section 138 of the N.I. Act ('the Act' for short), and had sentenced him to one year of simple imprisonment, and had imposed a fine of Rs.2,75,000/-, and further directed that the fine amount shall be paid as compensation to the complainant firm. However, vide judgment dated 29.10.2007, the judgment dated 28.3.2005 has been quashed and set aside, and the respondent accused, Subhash, has been acquitted.

2. Briefly, the facts of the case are that according to the complainant firm, Subhash had opened an account with the firm for selling of agricultural products; for this purpose, there were monetary transactions between the firm and Subhash. Moreover, Subhash had requested the firm to give loans to his father, Kasi Ram, which he would repay. Thus, according to the fir






































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