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2021 Supreme(HP) 843

SURESHWAR THAKUR
Tara Chand, Son of Sh. Ram Dass – Appellant
Versus
Anokh Ram, Son of Sh. Tehlu Ram, (Dead) Through Legal Heirs – Respondent


Advocate Appeared:
For the Petitioner:Mr. B.P. Sharma, Sr. Advocate With Mr. G.K. Nadda And Mr. Arun Kumar, Advocates
For the Respondent:Mr. V.S. Chauhan, Senior Advocate With Mr. Ajay Kashyap, Advocate

JUDGMENT :

The learned trial Court, upon, Criminal Case No. 47-1/2014/137-III/2014, decided on 15.11.2016, made a verdict of conviction, upon the accused, for his committing an offence punishable, under Section 138 of the Negotiable Instruments Act. Though a separate order drawn on 16.11.2016, the learned trial Court imposed, upon the accused, a sentence of imprisonment extending upto a period of 9 months, for his committing an offence punishable under Section 138 of the N.I.s Act. Moreover, the learned trial Court, through the afore drawn order, awarded a lump sum compensation carried in a sum of Rs.16,00,000/- to the complainant, and, ordered its being recovered from the accused one Tara Chand.

2. The accused convict becoming aggrieved from the afore drawn verdict of conviction, and, consequent therewith sentence becoming imposed, upon him, by the learned trial Court, proceeded to institute an appeal bearing Cr. Appeal No. 49 of 2016, before the learned First Appellate Court. The learned First Appellate Court through its verdict made thereon, on 1.8.2017, declined to interfere with the verdict supra recorded by the learned trial Court.

3. Therefore, the accused/convict is led to ins

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