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2025 Supreme(HP) 718

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Mukesh Kumar – Appellant
Versus
Vikrant Chaudhary – Respondent


Advocate Appeared:
For the Petitioner:Ms. Shivani Tegta, Advocate.
For the Respondent:Mr. Ashok Kumar Tyagi, Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General

JUDGMENT :

Virender Singh, J.

Petitioner-Mukesh Kumar has filed the present Criminal Revision Petition against the judgment dated 24.11.2023, passed by the learned Additional Sessions Judge, Kullu, District Kullu, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.43 of 2023, titled as ‘Mukesh Kumar Vs. Vikrant Chaudhary’.

2. By way of judgment dated 24.11.2023, the learned First Appellate Court has dismissed the appeal, filed by the petitioner, against the judgment of conviction and order of sentence dated 30.05.2023, passed by the Court of learned Judicial Magistrate First Class, Manali, District Kullu, H.P. (hereinafter called as the trial Court), in Complaint No.172/2021, titled as ‘Vikrant Choudhary Vs. Mukesh Kumar’.

3. Vide judgment of conviction and order of sentence dated 30.05.2023, the 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.1,85,000/- (Rs.3,00,000/- cheque amount (+) Rs.35,000/- for sufferings (–) Rs.1,50

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