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2022 Supreme(HP) 891

SANDEEP SHARMA
Ramesh Kumar Son of Sh. Maan Chand – Appellant
Versus
State Bank Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. AJI SHARMA, ADVOCATE
For the Respondent: MR. ARVIND SHARMA, MR. NARINDER GULERIA, MR. SUNNY DHATWALIA

ORDER :

Instant criminal revision petition filed under S. 397/401 CrPC, is directed against judgment dated 29.6.2021 passed by learned Additional Sessions Judge, Sundernagar, District Mandi, Himachal Pradesh in Cr. Appeal No. 140/2015, affirming judgment of conviction and order of sentence dated 27.4.2015 passed by learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, in Cr. Complaint No. 113-I/2010/100-III/2010, titled State Bank of India v. Ramesh Kumar, 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’) ordered accused to undergo simple imprisonment for one year and pay Rs. 8,00,000/- as compensation to the respondent No.1-complainant (hereinafter, ‘complainant’) and in default of payment of compensation, to further undergo simple imprisonment for two months.

2. Precisely, the facts of the case, as emerge from the record, are that complainant instituted proceedings under S.138 of the Act in the competent court of law, alleging therein that for lawful consideration, accuse issued cheque bearing No. 4781

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