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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA, J
Joginder Singh Chauhan – Appellant
Versus
Ramesh Chauhan – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The present petition is directed against the judgment dated 29.03.2025, passed by learned Additional Sessions Judge (CBI Court), Shimla, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 11.09.2024 passed by learned Chief Judicial Magistrate, Shimla, H.P. (learned Trial Court) were upheld (Parties shall hereinafter berefered to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court, asserting that the accused approached the complainant for financial assistance in 2019. The complainant advanced a sum of Rs.12,60,000/- to the accused for three years. The complainant paid Rs.11,00,000/- to the accused through a cheque and Rs.1,60,000/- in cash. An agreement (Ex.CW1/K) was executed between the parties regarding this transaction on 31.10.2019. The accused issued two security cheques for Rs.1,60,000/- and Rs.11,00,000/- drawn on H.P. State Cooperative Bank Ltd., Sanjauli, District Shimla, H.P. It was agreed that the cheque would be presente
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