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2021 Supreme(HP) 730

SANDEEP SHARMA
Kehar Singh – Appellant
Versus
Manju Banga – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ajay Chandel, Advocate
For the Respondent:Chander Shekhar Thakur, Advocate

ORDER :

SANDEEP SHARMA, J.

1. Being aggrieved and dissatisfied with the judgment dated 12.07.2017, passed by learned Additional Sessions Judge, Kullu, H.P., in Cr. Appeal No. 28 of 2017, titled Kehar Singh vs. Manju Banga, affirming the judgment of conviction and order of sentence dated 18.01.2017 passed by learned Additional Chief Judicial Magistrate, Kullu, District Kullu, in Cr. Complaint No. 877-1/2013/525-1/2015 (old), 471-1/2016/13/471-III/2016/13(new), titled Manju Banga vs. Kehar Singh, whereby court below while holding petitioner-accused (hereinafter referred to as 'accused') guilty of having committed offence punishable under Section 138 of Negotiable Instruments Act, (hereinafter referred to as 'Act') convicted and sentenced him to undergo simple imprisonment for a period of three months and to pay compensation of Rs. 2,50,000/- to the complainant and in default of payment of compensation, to further undergo simple imprisonment of one month.

2. Precisely, the facts as emerge from the record are that respondent-complainant (hereinafter referred to as 'complainant') instituted complaint under Section 138 of the Act in the Court of learned Additional Chief Judicial Magistrate,

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