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2019 Supreme(HP) 515

SANDEEP SHARMA
Naresh Verma – Appellant
Versus
Narender Chauhan – Respondent


Advocates:
Advocate Appeared:
V.S. Chauhan, Adv., Ajay Singh Kashyap, Adv., Aruna Chauhan, Adv.

JUDGMENT :

Sandeep Sharma, J.

By way of instant criminal revision petitions filed under S.397 read with S.401 CrPC, challenge has been laid to a common judgment dated 15.9.2018 passed by learned Sessions Judge (Forests) Shimla, Circuit Court at Theog, District Shimla, Himachal Pradesh in Cr. Appeal No. 5-T/10 of 2016, whereby appeal filed by the respondent-complainant (hereinafter, 'complainant') has been allowed and judgment/order of conviction and sentence dated 7.12.2015/15.12.2015 passed by learned Additional Chief Judicial Magistrate, Theog, in Case No. 79/3 of 2015 has been modified to the extent that instead of Rs.7.00 Lakh, petitioner-accused (hereinafter, 'accused') has been directed to pay Rs.8,50,000/- as compensation to the complainant, and, appeal filed by the accused for his acquittal has been dismissed.

2. Briefly stated the facts as emerge from the record are that the complainant instituted a complaint under S.138 of the Negotiable Instruments Act (hereinafter, 'Act') alleging therein that in the month of August/September, 2014, he sold 750 apple boxes to the accused who initially made payment of Rs.3.00 Lakh to the complainant, but for payment of balance amount, issue

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