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2018 Supreme(HP) 1993

TARLOK SINGH CHAUHAN
Lahnu Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Vaibhav Tanwar, Adv., Vinod Thakur, Adv., Sudhir Bhatnagar, Adv., Seema K Guleria, Adv.

JUDGMENT

Tarlok Singh Chauhan, J. - Looking to the nature of order, I propose to pass, it is not at all necessary to delve into the facts in detail. Suffice it to state that complainant/respondent No.2 instituted a complaint under Section 138 of the Negotiable Instruments Act (for short ''Act'') against the petitioner on the allegations that a cheque of Rs.1,01,300/- handed over by the petitioner to respondent No.2 in order to discharge his liability had been dishonoured. The complaint was decided in favour of respondent No.2 by learned Additional Chief Judicial Magistrate, Court No.2, Shimla, H.P., and the petitioner was convicted and sentenced to undergo simple imprisonment for a period of six months and also directed to pay compensation of Rs.1,25,000/- to complainant/respondent No.2.

2. Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 22.12.2014/06.01.2015, though the petitioner preferred an appeal before the learned Sessions Judge, Shimla, however, the same was partly allowed on 28.12.2017, whereby he modified the judgment of conviction and sentence as passed by the learned trial Magistrate, reducing the sentence part from six month

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