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2017 Supreme(HP) 1193

TARLOK SINGH CHAUHAN
Raj Kumar – Appellant
Versus
Shamsher Singh – Respondent


Advocates Appeared:
Mr. G.D. Verma, Sr. Advocate, with Mr. B.C. Verma, Advocate., for the Appellant; Mr. N.S. Chandel, Advocate., for the Respondent

JUDGMENT

Tarlok Singh Chauhan, J. - The petitioner who has been convicted by the learned Courts below for the offence under section 138 of the Negotiable Instruments Act, 1881 has filed the instant revision petition.

2. The complainant/respondent had filed complaint under section 138 of the Negotiable Instruments Act, 1881, (for short the ''Act''), on the grounds that the petitioner/accused had issued cheque No. RTA-034404, dated 30.6.2000, amounting to Rs. 44,800/-, which the petitioner/accused had to pay to him in order to discharge of his liability. The cheque was dishonoured by the bank with the remarks "stopped payment". The respondent thereafter issued legal notice on 12.7.2000 to the petitioner/accused calling upon him to make the payment within 15 days from the receipt of the notice. The legal notice was duly received by the petitioner but he did not make any payment.

3. The petitioner/accused was summoned and thereafter notice of accusation was put to him to which he pleaded not guilty and claimed trial. The complainant/respondent was directed to produce his evidence. In order to prove his case, the complainant examined four witnesses in all and closed his evidence. After c

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