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2017 Supreme(HP) 924

CHANDER BHUSAN BAROWALIA
V. L. Snatu – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioners: Mr. R.K. Bawa with Mr. Ajay Kumar Sharma.
For the Respondents: Mr. Pushpinder Jaswal, Mr. Rajat Chauhan, Mr. Ashwani Pathak and Mr. V.S. Rathore.

JUDGMENT :

Chander Bhusan Barowalia, J.

1. The present Criminal Revision Petition under Section 397 read with Section 401 of the Code of Criminal Procedure, is maintained against the judgment dated 21.6.2013, passed by learned Sessions Judge, (Forests) Shimla, in Criminal Appeal No. 2-S/10 of 13/10, dismissing the appeal of the petitioner and confirming the judgment of conviction and sentence passed by learned Judicial Magistrate 1st Class, Court No. I, Shimla, District Shimla, in Case No. 144/3 of 2008, dated 8.6.2010, whereby the petitioner was convicted and sentenced to suffer rigorous imprisonment for a period of one year for the offence punishable under Section 138 of the Negotiable Instruments Act and to pay compensation to the tune of Rs. 16,00,000/- to the complainant.

2. The key facts, giving rise to the present petition are that the complainant/respondent (hereinafter referred to as the ‘complainant’) maintained the complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘Act’) against the accused/petitioner (hereinafter referred to as the ‘accused’). As per the complainant, on 31.5.2007, accused being Branch Manager of H.P. State Co-o

























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