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2026 Supreme(HP) 77

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Pravesh Kumar – Appellant
Versus
Om Prakash – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vinod Chauhan, Advocate
For the Respondent:Mr. Sumit Sharma, Advocate

JUDGMENT :
Sandeep Sharma, J.

Instant criminal revision petition filed under Section 442 of Bharatiya Nagrik Suraksha Sanhita, 2023, lays challenge to judgment dated 06.03.2025 passed by the learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, H.P., in Criminal Appeal No.46/2024, affirming the judgment of conviction and order of sentence dated 02.04.2024, passed by the learned Judicial Magistrate First Class, Court No.2 Paonta Sahib, District Sirmaur, H.P. in Criminal Complaint No.328 of 2021, whereby the learned Court below, while holding the petitioner-accused (hereinafter "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.3,00,000/- to the respondent- complainant (hereinafter "complainant").

2. Precisely, the facts of the case, as emerge from the record are that complainant instituted a complaint under Section 138 of the Act before the competent Court of law, alleging therein that in the month of April 2020, accused borrowed sum of Rs.3,00,000/- from him for his dom

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