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2025 Supreme(HP) 809

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sushil Kukreja, J
Diwan Chand – Appellant
Versus
Sunder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Harsh Shroal, Advocate.
For the Respondent:Mr. Sachin Sunail, Advocate.

JUDGMENT :

The instant petition has been filed by the petitioner-accused under Section 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) against judgment dated 09.05.2024, passed by learned Sessions Judge Kinnaur, Sessions Division at Rampur Bushahr, H.P., in Criminal Appeal No. 58 of 2023, whereby the judgment of conviction and order of sentence, dated 08.08.2023, passed by learned Judicial Magistrate First Class, Anni, District Kullu, H.P., in Case No. 157/2018, was affirmed.

2. The brief facts, giving rise to the present petition, can succinctly be summarized as under:

3. The complainant-Shri Sunder Singh was running a garment shop in the name and style “Shree Hans Readymade Garments, near bus stand Anni, District Kullu, H.P. and the petitioner-accused was also running a readymade garments shop in that area. The complainant and the petitioner-accused were well acquainted with each other. During the month of January, 2018, the petitioneraccused approached the complainant and requested to lend him Rs.2,48,000/- for depositing the whole KCC loan amount and he told that bank official had assured that after a week, the petitioner-accused can get the same released. On

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