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2025 Supreme(HP) 378

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Avinash Sharma – Appellant
Versus
Krishan Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Tarun Brakta, Advocate
For the Respondent:Mr.   Sunil   Kumar   Banyal, Advocate, vice Mr. Ajay Kumar  Lahota, Advocate.

JUDGMENT :

Virender Singh, J.

Petitioner-Avinash Sharma has filed the present revision petition against the judgment dated 04.09.2023, passed by learned Additional Sessions Judge, Rohru District Shimla, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal RBT No.68-R/10 of2023, titled as Avinash Sharma versus Krishan Kumar.

2. By way of judgment dated 04.09.2023, the learned Appellate Court has dismissed the appeal filed, by the petitioner, against the judgment of conviction dated 07.01.2023 and order of sentence dated 09.01.2023, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’), in Case No.232- 3 of 2018, titled as Krishan Kumar versus Avinash Sharma.

3. Vide judgment of conviction dated 07.01.2023 and order of sentence dated 09.01.2023, learned trial Court has convicted the petitioner, for the offence, punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and sentenced him to undergo simple imprisonment, for a period of six months and to pay a compensation of Rs.80,000/- to the complainant.

4. After dismi

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