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2018 Supreme(HP) 2023

TARLOK SINGH CHAUHAN
Meenakshi Sain – Appellant
Versus
Shriram Transport Finance Company Ltd – Respondent


Advocates Appeared:
Kr Virender Singh, Adv., Sanjay Dalmia, Adv., Vinod Thakur, Adv., Sudhir Bhatnagar, Adv., Bhupinder Thakur, Adv., Svaneel Jaswal, 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.1 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.2,50,000/- handed over by the petitioner to respondent No.1 in order to discharge her liability had been dishonoured. The complaint was decided in favour of respondent No.1 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 one year and also directed to pay compensation of Rs.2,75,000/- to complainant/respondent No.1.

2. Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 13.01.2015/29.01.2015, though the petitioner preferred an appeal before the learned Additional Sessions Judge (I), Shimla, however, the same came to be dismissed vide judgment dated 01.08.2016, constraining the petitioner to file the instant revision petition.

3. It is fairly represented by learned counse

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