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2021 Supreme(HP) 637

SANDEEP SHARMA
Hari Chand, S/o. Sh. Gulaba Ram – Appellant
Versus
Deep Saini, S/o. Sh. Devi Ram – Respondent


Advocates Appeared:
For the Petitioner: Mr. H.S. Rangra.
For the Respondents:Mr. Rajan Kahol, Mr. Sudhir Bhatnagar and Mr. Desh Raj Thakur, Additional Advocates General with Mr. Narinder Thakur, Deputy Advocate General.

ORDER :

By way of instant Cr. Revision filed under S. 397 read with S.401 CrPC lays challenge to judgment dated 20.12.2019, passed by learned Additional Sessions Judge, Sundernagar, District Mandi, Himachal Pradesh in Cr. Appeal No.72/2015, affirming judgment of conviction and order of sentence dated 14.8.2014 passed by learned Additional Chief Judicial Magistrate, Court No.1 Sundernagar, District Mandi, Himachal Pradesh in criminal complaint No. 38-I/2011// 30-III/2011, whereby learned court below, while holding petitioner-accused (hereinafter, ‘accused’) guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter, ‘Act’) convicted and sentenced the accused to undergo simple imprisonment for a period of one year and pay Rs.1,00,000/- as compensation to the respondent-complainant (hereinafter, ‘complainant’).

2. Precisely, the facts of the case, as emerge from the record, are that complainant instituted a complaint under S.138 of the Act alleging therein that he had advanced sum of Rs.1,00,000/- to the complainant, who with a view to discharge his liability issued cheque No. 831354 dated 1.8.2010 (Ext. CW-1/A) for Rs.1,00,000, However, the

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