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2019 Supreme(HP) 1221

TARLOK SINGH CHAUHAN
Dinesh Chopra – Appellant
Versus
Ranjan Chopra – Respondent


Advocates Appeared:
Naveen K Bhardwaj, Adv.

Judgement Key Points

The accused was convicted. The judgment states that the court found no infirmity in the judgments of the lower courts and upheld the conviction of the accused under Section 138 of the Negotiable Instruments Act. The court sentenced the accused to undergo simple imprisonment for a period of seven months and to pay compensation to the complainant (!) (!) (!) .


JUDGMENT

Tarlok Singh Chauhan, J. - This Criminal Revision is directed against the judgment passed by learned Sessions Judge, Kullu on 31.10.2018 whereby he affirmed the judgment of conviction as passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, sentencing and convicting the petitioner/accused (hereinafter referred to as ''the accused'') to undergo simple imprisonment for a period of seven months for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ''Act'') and to pay a lumpsum compensation of Rs.1,25,000/- to the respondent/ complainant (hereinafter referred to as ''the complainant'').

    The parties shall be referred to as the accused and the complainant.

    2. Brief facts giving rise to the present revision petition are that both, the complainant and the accused, were known to each other. On 30.9.2010 the accused borrowed a sum of Rs.1,00,000/- from the complainant and on the same day executed a pronote in his own handwriting in favour of the complainant. Thereafter, on 11.12.2012, the accused in discharge of his liability, issued and handed over a cheque bearing No. 006580 amounting to Rs.1,00,000/- in favour of the complaina

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