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2021 Supreme(HP) 646

SANDEEP SHARMA
Rattan Singh S/o Shri Meena Ram – Appellant
Versus
Shamshad Ali S/o Shri Salamat Ali – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vinod Chauhan.

ORDER :

1. Instant Cr. Revision petition filed under S. 397 read with S. 401 Cr.P.C. lays challenge to judgment dated 12.3.2020 passed by learned Additional Sessions Judge, Sirmaur at Nahan, Himachal Pradesh (camp at Paonta Sahib) in Cr. Appeal No. 54-N/10 of 2019, affirming judgment of conviction and order of sentence dated 20.5.2020 passed by learned Judicial Magistrate First Class, Court No. 2, Paonta Sahib, in Cr. Case No. 270/2017, whereby learned court, while holding the petitioner-accused (hereinafter, accused), guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter, ‘Act’) convicted and sentenced him to undergo simple imprisonment for a period of two years and to pay compensation to the tune of Rs. 2,24,000/- to the respondent-complainant (hereinafter ‘complainant’) and in default of payment of compensation, accused had been ordered to further undergo simple imprisonment for one month.

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 court of learned Judicial Magistrate First Class, Court No. 2 Paonta Sahib, District Sirmaur, Himachal

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