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2025 Supreme(HP) 985

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Shiv Kumar – Appellant
Versus
Pratap Singh – Respondent


Advocates Appeared:
For the Petitioner:Petitioner in person with Mr. Mukesh Sharma, Advocate.
For the Respondent:Mr. Bhag Chand Sharma, Advocate.

JUDGMENT :

(Virender Singh, J.)

Petitioner-Shiv Kumar has filed the present revision petition against the judgment dated 27.06.2022, passed by learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla, District Shimla, H.P. (hereinafter referred to as the ‘First Appellate Court’), in Criminal Appeal No.24-R/10 of 2021, titled as Shiv Kumar versus Pratap Singh.

2. By way of judgment dated 27.06.2022, the learned First Appellate Court has dismissed the appeal filed by the petitioner against the judgment of conviction dated 16.12.2019 and order of sentence dated 27.12.2019, 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 Criminal Case No.184/3 of 2018, titled as Pratap Singh versus Shiv Kumar.

3. Vide judgment of conviction dated 16.12.2019 and order of sentence dated 27.12.2019, 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 one year and to pay a compensation of Rs.2,30,000/- to t

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