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2026 Supreme(HP) 81

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA
Ashok Kumar – Appellant
Versus
Himachal Gramin Bank Paunta – Respondent


Advocates Appeared:
For the Appellant : Mukul Sood
For the Respondents: Devyani Sharma, Anirudh Sharma

JUDGMENT :

SANDEEP SHARMA, J.

1. Instant criminal revision petition filed under Section 397 of the Cr.P.C., lays challenge to judgment dated 05.03.2022, passed by the learned Additional Sessions Judge, Sarkaghat, District Mandi, Himachal Pradesh, in Criminal Appeal No. 13/21/19, titled Ashok Kumar Vs. Himachal Gramin Bank Paunta , affirming judgment of conviction and order of sentence dated 20.05.2019/27.06.2019, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Sarkaghat, District Mandi, Himachal Pradesh, in case No.309/2013, whereby the learned trial Court 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 one year and pay compensation to the tune of Rs.7,70,000/- to the respondent-complainant.

2. Precisely, the facts of the case, as emerge from the record are that respondent-complainant (hereinafter, ‘complainant’) instituted a complaint under Section 138 of the Act, in the competent Court of law, alleging therein that accused availed loan of Rs.20,00,000

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