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2026 Supreme(HP) 134

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Sohan Lal – Appellant
Versus
Rakesh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Hemant Kumar Sharma, Advocate
For the Respondent:Mr. Manohar Lal Sharma, Advocate

JUDGMENT :
Sandeep Sharma, J.

Instant criminal revision petition, lays challenge to judgment dated 18.12.2023, passed by the learned Additional Sessions Judge (I), Solan, District Solan, Himachal Pradesh (Camp at Arki), in Criminal Appeal No. 10-AK/10 of 2022, affirming the judgment of conviction and order of sentence dated 6.5.2022, in Criminal Case No. 96/3 of 2017, passed by the learned Judicial Magistrate First Class, Arki, District Solan, 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 one month and pay compensation to the tune of Rs. 2,50,000/- 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, who is doing business of transportation, approached him for an amount of Rs. 2.00 lakh, to purchase a vehicle. Complainant alleged that on the afore request of the accused, he had with

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