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2016 Supreme(HP) 1073

VIVEK SINGH THAKUR
Bidhi Chand – Appellant
Versus
Vinod Kumar – Respondent


Advocates Appeared:
For the Petitioner:Mr. N.K. Thakur, Senior Advocate, Ms. Jamuna, Advocate.
For the Respondent:Mr. Ajay Sharma, Advocate and Mr. Pankaj Negi, Deputy Advocate General.

JUDGMENT :

Vivek Singh Thakur, J.

1. Petitioner has been convicted by trial court under Section 138 of the Negotiable Instruments Act for dishonouring two cheques amounting to Rs.10,000/- each and has been sentenced to pay fine of Rs.25,000/- and in case of default in payment of fine, to undergo simple imprisonment for a period of four months with further directions that on realizing of fine amount an amount of Rs.20,000/- will be paid as compensation to the complainant.

2. Judgment passed by trial Court has been affirmed by learned Sessions Judge by dismissing appeal alongwith application filed by petitioner under Section 391 Cr.P.C. for leading additional evidence. Aggrieved by impugned judgment, present revision petition has been preferred.

3. I have heard learned counsel for the parties and perused documents on record.

4. Learned counsel for petitioner has submitted that respondent-complainant has failed to prove on record requirement under law in order to draw presumption under Section 118 read with Section 139 of Negotiable Instruments Act. He has relied upon judgment passed by Hon’ble Supreme Court in Case John K. Abraham versus Simon C. Abraham and another, reported in, (2014) 2









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