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2016 Supreme(HP) 2410

SANDEEP SHARMA
Ram Chand – Appellant
Versus
Sunita Abrol – Respondent


Advocates Appeared:
For the Petitioner: Mr. Umesh Kanwar.
For the Respondent:Mr. N.K. Thakur, Senior Advocate, with Ms. Jamuna.

JUDGMENT :

Sandeep Sharma, J.

Instant Criminal Revision Petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment dated 4.10.2010, passed by learned Sessions Judge, Bilaspur, District Bilaspur, H.P. in Criminal Appeal No.1 of 2008, reversing the judgment of conviction passed by learned Judicial Magistrate 1st Class Court No.2, Ghumarwin, District Bilaspur, H.P. in case No.40/2 of 2005/1999, whereby the respondent (hereinafter referred to as the accused) was held guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act and accordingly convicted and sentenced the accused to undergo simple imprisonment for the period of three months and to pay a fine of Rs.2000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month. The learned trial Court held the complainant entitled to compensation to the tune of Rs.80,000/- to be paid by the accused.

2. Briefly stated facts of the case as emerged from the record are that the petitioner (hereinafter referred to as the complainant) filed complaint under Section 138 of the Negotiable Instruments Act ( hereinaft

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