SANDEEP SHARMA
Padam Chand – Appellant
Versus
Golf Link Finance and Resorts Pvt. Ltd. – Respondent
JUDGMENT :
Sandeep Sharma, J.
Instant criminal revision petition filed under Section 397 read with Section 401 Cr.PC, lays challenge to judgment dated 30.7.2022, passed by the learned Additional Sessions Judge-I, Shimla, District Shimla, H.P., in Criminal Appeal No. 9-S/10 of 2020, affirming the judgment of conviction and order of sentence dated 26.11.2021/28.12.2021, in criminal Case No. 11-3 of 2016, passed by the learned Additional Chief Judicial Magistrate-I, Shimla, District Shimla, H.P., whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs. 2,00,000/- to the complainant.
2. Precisely, the facts of the case, as emerge from the record are that respondent/complainant lodged complaint under Section 138 of the Act before the learned ACJM, Shimla, stating therein that it had advanced a loan to the tune of Rs. 1.00 lac to the accused, who with a view to discharge his liability issued cheque amounting to Rs. 1,15,750/-, but fact r
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