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2001 Supreme(HP) 341

A.K.GOEL
YUDHISTER LAI THUKRAL – Appellant
Versus
SUMITRA DEVI – Respondent


Advocates Appeared:
For the Petitioner:Mr. Anil Shukla, Advocate with Mr. Sanjay Dutt Vasudeva, Advocate. For the Respondents:Mr. Ashok Sood, Advocate, (for R. Nos. 1 to 3 and 5) Mr. Naresh Thakur, Advocate, for respondent No.4.

JUDGMENT Arun Kumar Goel, J.:- It is proposed to dispose all these five criminal revisions by a common judgment, because except for cheques as well as memos issued by the bankers, all other questions of law and fact involved in these revisions petitions are identical.

2. Against petitioner, late Shri Prakash Nath ChawJa (predecessor-in interest of the respondents), preferred complaint under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as the "Act"). After conclusion of the trial, the petitioner was found guilty of having committed offence under Section 138 of the Act. Accordingly, he was sentenced to pay a fine of Rs.40, 000/- and in default to undergo simple imprisonment for three months in each case. In case the amount is paid, the same was to be given as compensation to the complainant.

3. It may be observed that the learned trial Court has found the petitioner being guilty of having committed offence under Section 138- A of the Act where under also notice of accusation was served upon him. This seems to be an omission on the part of the court below. Observation made in this behalf by the learned appellate court below is correctly recorded.

4. At the time






























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