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2019 Supreme(HP) 707

SANDEEP SHARMA
Geeta Devi – Appellant
Versus
Surinder Singh – Respondent


Advocates Appeared:
S.D. Sharma, Adv., Vaibhav Tanwar, Adv., Sumesh Raj, Adv., Sanjeev Sood, Adv.

JUDGMENT :

Sandeep Sharma, J.

Judgment dated 6.12.2018 passed by learned Additional Sessions Judge (I), Shimla, Himachal Pradesh in Cr. Appeal No. 12-S/10 of 2018, affirming judgment/order of conviction and sentence dated 11.1.2018/26.2.2018, passed by learned Judicial Magistrate 1st Class, Court No. VI, Shimla, Himachal Pradesh in Case RBT No. 266-3 of 2015/14, whereby petitioner-accused (hereinafter, 'accused') came to be convicted for the commission of offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter, 'Act'), is under challenge in the instant proceedings filed under S.397 CrPC filed by the accused, seeking therein her acquittal, after setting aside aforesaid judgments/order of conviction and sentence.

2. Briefly stated, facts of the case as emerge from the record, are that respondent-complainant (hereinafter, 'complainant') instituted a complaint under S.138 of the Act in the court of Judicial Magistrate 1st Class, Court No. VI, Shimla, alleging therein that in the year 2014, accused approached him seeking financial help of Rs.1,50,000/-, for making payments in other cases instituted against her under S.138 of the Act, which at the relevant time w

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