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2021 Supreme(HP) 638

SANDEEP SHARMA
Vinod Kumar, S/o. Sh. Hari Chand – Appellant
Versus
Karam Singh, S/o. Sh. Shiba Ram – Respondent


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

ORDER :

By way of instant Cr. Revision petition filed under S.397 read with S. 401 CrPC, challenge has been laid to judgment dated 21.11.2019 passed by learned Additional Sessions Judge, Sundernagar, District Mandi, Himachal Pradesh in Cr. Appeal No. 15/2017, affirming judgment of conviction and order of sentence dated 28.11.2016/3.12.2016 passed by learned Judicial Magistrate 1st Class, Court No.2, Sundernagar, District Mandi, Himachal Pradesh in Cr. Complaint No. 3-I/2011// 3-III/2011, whereby learned trial Court, while holding the petitioner-accused (hereinafter, ‘accused’) guilty of having committed offences punishable under S.138 of the Negotiable Instruments Act (hereinafter, ‘Act’), convicted and sentenced him to undergo simple imprisonment for one year and pay Rs. 90,000/- as compensation to the respondent/complainant (hereinafter, ‘complainant/).

2. Precisely, the facts of the case, as emerge from the record, are that the complainant instituted a complaint under S. 138 of the Act, in the competent court of law, alleging therein that the accused issued cheque No. 030756, dated 21.7.2010 amounting to Rs.50,000/- drawn upon Kangra Central Co-operative Bank Ltd., in discharge of

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