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SANDEEP SHARMA
Kediya Ram Gandhar s/o of Sh. Mogi ram – Appellant
Versus
Paramjeet Verma s/o Sh. Prem Pal Verma – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ashok K. Tyagi,
For the respondent: Mr. Jeevan Kumar

ORDER :

1. Instant criminal revision petition filed under S. 397 CrPC, lays challenge to judgment dated 8.1.2019 passed by learned Additional Sessions Judge, Sirmaur at Nahan, Himachal Pradesh camp at Paonta Sahib, District Sirmaur, Himachal Pradesh, in Cr. Appeal No.75-N/10 of 2017, affirming judgment of conviction and order of sentence dated 11.9.2017, passed by learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, District Sirmaur, Himachal Pradesh in Cr. Case No. 109/3 of 2012, 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 under rigorous imprisonment for one year and pay a compensation to the tune of Rs. 1.00 Lakh to the respondent/complainant (hereinafter, ‘complainant’).

2. Precisely, the facts of the case, as emerge from the record, are that the complainant instituted proceedings under S.138 of the Act in the court of learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, alleging therein that on 29.3.2012, he lent a sum of Rs. 50,000/- to the accused on his request, wh

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