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2019 Supreme(HP) 866

SANDEEP SHARMA
Nathu Ram – Appellant
Versus
Atma Ram – Respondent


Advocates Appeared:
Maan Singh, Adv., Rohit Thakur, Adv.

JUDGMENT :

Sandeep Sharma, J.

Instant criminal revision petition filed under S.397 read with S.401 CrPC, lays challenge to judgment dated 19.9.2017 passed by learned Sessions Judge, Kullu, Himachal Pradesh in Cr. Appeal No. 10 of 2017, affirming judgment of conviction/sentence dated 6.12.2016/7.12.2016 passed by learned Additional Chief Judicial Magistrate, Kullu, District Kullu, Himachal Pradesh in Criminal Complaint No. 1524-I of 2013/424-I of 2015 (Old) 854-I of 2016(2013)(854-II of 2016(2013) (New), whereby court below, while holding petitioner-accused (hereinafter, 'accused') guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter, 'Act') convicted and sentenced him to undergo simple imprisonment for a period of three months and to pay compensation of Rs.2,60,000/- to the respondent, and, in default of payment of fine, to further undergo simple imprisonment for one month.

2. Precisely, the facts as emerge from the record are that the respondent-complainant (hereinafter, 'complainant') instituted a complaint under S.138 of the Act in the court of Additional Chief Judicial Magistrate, Kullu, Himachal Pradesh, alleging therein that in

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