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2024 Supreme(HP) 380

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Rajinder Singh – Appellant
Versus
Shiv Lal (now deceased) through His LRs. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sunil Kumar, Advocate.
For the Respondents:Mr. H.C. Sharma, Advocate.

JUDGMENT :

Sandeep Sharma, J.

Instant criminal revision petition filed under Section 397 read with Section 401 Cr.PC, lays challenge to judgment dated 15.6.2022, passed by the learned Additional Sessions Judge (II), (Camp at Theog) Shimla, District Shimla, Himachal Pradesh, in Criminal Appeal No. 4-T/10 of 2020, affirming the judgment of conviction and order of sentence dated 24.12.2019/1.2.2020, in Criminal Case No. 109-3 of 2014, passed by the learned Additional Chief Judicial Magistrate Theog, District Shimla, Himachal Pradesh, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs. 60,000/- to the complainant.

2. Precisely, the facts of the case, as emerge from the record are that respondent/complainant lodged complaint under Section 138 of the Act before the competent court of law, stating therein that accused with a view to discharge his liability issued cheque dated 20.9.2013, amounting to Rs. 79,000/- in favour of the

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