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2023 Supreme(HP) 98

SANDEEP SHARMA
Badri Prasad – Appellant
Versus
Padam Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Jeevesh Sharma, Advocate.
For the Respondent:Ms. Rekha Bansal, Advocate vice Mr. Kulbhushan Khajuria, Advocate.

JUDGMENT :

Sandeep Sharma, J.

Instant Criminal Revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, lays challenge to judgment dated 30.12.2019 passed by learned Sessions Judge(Forests) Shimla, H.P., in Criminal Appeal No.14-R/10 of 2018, affirming the judgment of conviction dated 16.05.2018 and order of sentence dated 21.05.2018 passed by learned Additional Chief Judicial Magistrate, Court No.1 Rohru, District Shimla, H.P., in Criminal Case No.143-3 of 2015, titled as Padam Singh vs. Badri Prasad, 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 to pay compensation to the tune of Rs.8,00,000/- to the complainant.

2. Precisely, the facts of the case, as emerge from the record are that the respondent/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 20.9.2014, accused purchased 600 apple boxes of ‘AAA’ grade at

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