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2020 Supreme(HP) 270

VIVEK SINGH THAKUR
Lalit Kaushal – Appellant
Versus
Yadvinder Kaushal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Neeraj Gupta, Sr. Advocate and Janesh Gupta, Advocate
For the Respondents:Dheeraj K. Vashisht, Advocate

JUDGMENT :

Vivek Singh Thakur, J.

1. Lalit Kaushal, petitioner No. 1 herein, is a convict in Criminal Complaint No. 9/3 of 2013, titled Yadvinder Kaushal vs. Ravinder Nath Tagore Memorial ITC and another, filed under Section 138 of Negotiable Instruments Act, 1881, (hereinafter in short 'NI Act'), wherein, vide judgment dated 30.5.2015, he has been convicted by learned Judicial Magistrate 1st Class, Kasauli and sentenced to undergo simple imprisonment till rising of Court under Section 138 of NI Act and to pay a sum of Rs. 12 lacs (double of cheque amount), as compensation to complainant within a period of 30 days from the date of passing of order and in default of payment of compensation, convict will have to undergo simple imprisonment for one year.

2. Order dated 30.6.2015, impugned herein, has been passed by the Appellate Court i.e. learned Sessions Judge, Solan wherein under Section 389 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') sentence, imposed upon the petitioner, has been suspended, during pendency of appeal, subject to furnishing personal bond in the sum of Rs. 20,000/- with one surety in the like amount within one month and also subject to depo

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