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SANDEEP SHARMA
Suresh Kumar – Appellant
Versus
Jeevan Kumar – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. By way of instant application filed under Section 482 Cr.P.C. read with Section 147 of the Negotiable Instruments Act (for short ‘Act’) prayer has been made by the applicant-accused for recalling of judgment dated 4.8.2022 passed by this Court in Cr. R. No. 34 of 2022, whereby this Court upheld the judgment dated 4.1.2021 passed by the learned Sessions Judge, Chamba, District Chamba, H.P. in Criminal Appeal No. 52 of 2019, affirming the judgment of conviction and order of sentence dated 16.11.2019, passed by the learned CJM Chamba, District Chamba, H.P. in criminal complaint No. 283 of 2018, 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 six months and pay compensation to the tune of Rs. 1,50,000/- to the complainant.
2. Precisely, the facts of the case as emerge from the record are that respondent No. 1/complainant (for short ‘complainant’) filed a complaint under Section 138 of the Negotiable Instruments Act (for short ‘Act’) in the competent court of law, allegi
Judgment of conviction recorded under Section 138 of Act, can be recalled in view of specific provisions contained in Section 147 of Act.
The court has the power to compound the offence under Section 138 of the Negotiable Instruments Act, even after the conviction of the accused, based on the provisions of Section 147 of the Act and re....
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