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2021 Supreme(HP) 806

SANDEEP SHARMA
GIAN CHAND S/O SH. PUNNU RAM – Appellant
Versus
ASHISH KUMAR S/O LAET SH. DHARAM CHAND – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. PREM P. CHAUHAN, ADVOCATE
For the Respondent:MR. ANUP KUMAR RATTAN, ADVOCATE

ORDER :

Instant criminal revision petition filed under S.397 read with S.401 CrPC, lays challenge to judgment dated 20.7.2019 passed by learned Sessions Judge Kullu, HP in Cr.Appeal No.06 of 2019, titled Gian Chand vs. Dharam Chand, affirming judgment and order of conviction dated 8.3.2019 passed by learned Judicial Magistrate 1st Class, Lahul & Spiti at Kullu in Cr. Complaint No. 03-1/2013, titled Dharam Chand vs. Gian Chand, whereby learned trial Court, 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 him to undergo simple imprisonment for one year and to pay compensation of Rs.50,000/- to the respondent-complainant (hereinafter, ‘complainant’) and, in default of payment of compensation, to further undergo simple imprisonment for one month.

2. Precisely, the facts of the case, as emerge from the record, are that, respondent/complainant instituted a complaint under S.138 of the Act in the court of learned Chief Judicial Magistrate, Lahul and Spiti at Kullu alleging therein that since the accused was well known to him and they were having f

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