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2020 Supreme(HP) 196

ANOOP CHITKARA
Kamal Dev – Appellant
Versus
Ravinder Kumar – Respondent


Advocates Appeared:
Mr. Vishal, Advocate, vice Mr. Rajesh Kumar, Advocate, for the Appellant; Mr. Narender Guleria, Additional Advocate General, Mr. Bhupinder Thakur, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer, for respondent No.2/ State, for the Respondent

JUDGMENT

Anoop Chitkara, Vacation J. - Cr.MP(M) No.160/2020

Heard. I have gone through the contents of the application and I am satisfied that delay of 243 days in filing the revision is bonafide. As such, application is allowed and the delay in filing the revision, is condoned. The application stands disposed of. Revision be registered.

Cr. Revision No._____89___/2020

2. Challenging the judgment of conviction passed by the learned Sessions Judge, Hamirpur, H.P. in Criminal Appeal No. 28 of 2015 dated 1.6.2019, whereby the first Appellate Court had affirmed the judgment of conviction passed by learned Chief Judicial Magistrate, Hamirpur, H.P. in complaint No. 40-1-2010 dated 22.6.2015, under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the N.I. Act), the petitioner has come up in this Court for invoking the revisionary jurisdiction under Section 397 read with Section 401 of the Code of Criminal Procedure.

3. The facts of the case apposite to decide the present petition are that the accused issued a cheque in favour of complainant having No.128323 dated 2.2.2010 for Rs.2,50,000/- drawn on State Bank of Patiala, Hamirpur from hi

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