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2016 Supreme(HP) 545

P.S.RANA
Hamid Mohammad S/o Sh. Sarif Mohammad – Appellant
Versus
Jaimal, S/o Sh. Hari Dass – Respondent


Advocates Appeared:
For the revisionist:Mr. Suneel Awasthi, Advocate.
For Non-revisionist No.1:Mr. R.K. Gautam, Sr. Advocate with Mr. Gaurav Gautam, Advocate.
For Non-revisionist No.2.:Mr. M.L. Chauhan, Additional Advocate General.

ORDER :

P.S. Rana, J.

Present revision petition is filed against judgment of learned Sessions Judge Solan District Solan H.P. announced in Criminal Appeal No. 12-NL/10 of 2012 title Hamid Mohammad vs. Jaimal wherein learned Appellate Court affirmed judgment and sentence passed by learned Trial Court. Brief facts of the case:

2. Jaimal son of Hari Dass filed complaint under Section 138 of Negotiable Instruments Act 1881 pleaded therein that complainant obtained loan from bank for his personal use and after obtaining loan from bank accused approached complainant and told complainant that accused was in dire need of money. It is pleaded that complainant granted loan to accused to the tune of Rs. 93,000/- (Rupees ninety three thousand) and accused promised that he would pay back the loan amount along with interest within a period of one year. It is further pleaded that complainant approached the accused many times to repay the amount of loan but accused did not pay the amount of loan to complainant. Thereafter complainant convened a Panchayat in which accused acknowledged his liability to repay the loan amount and accused issued cheque No. 0005449 dated 30.10.2008 to the tune of Rs. 1,08,

















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