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2022 Supreme(HP) 397

SANDEEP SHARMA
Puran Dutt S/o Shri Tulsi Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Naresh K. Tomar.
For the Respondents: Narender Guleria, Sudhir Thakur, Karun Negi.

ORDER :

1. Instant Criminal Revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment, dated 3.4.2018 passed by learned Sessions Judge Sirmaur District at Nahan, H.P. in Criminal Appeal No. 86 Cr. A/10 of 2017, affirming the judgment of conviction and order of sentence dated 12.8.2017/12.10.2017, passed by learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, H.P. in criminal complaint No. 73/3 of 2015, whereby learned trial Court while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of one year and pay compensation to the tune of Rs. 9,00,000/- to the complainant and in default of payment of compensation to further undergo simple imprisonment for 30 days.

2. Precisely, the facts of the case as emerge from the record are that respondent No. 2/complainant (for short ‘complainant’) filed a complaint under Section 138 of the Negotiable Instruments Act ( for short ‘Act’) in the competent court of law, alleging therein that on 24.10.2014, respondent/comp

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