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2018 Supreme(J&K) 621

SANJAY KUMAR GUPTA
Davinder Singh – Appellant
Versus
Kiran Pargal – Respondent


Advocates Appeared:
For the Petitioners: Mr. A.S. Khera
For the Respondents: Mr. Vishal Kapoor

JUDGMENT :

1. Contentions raised by the petitioner is that the respondent-Kiran Pargul, who happened to be old friend of petitioner, misused one of the blank cheques of the petitioner lying with him as trust against the payments of chit fund committees in raising a false and frivolous litigation against him in the form of a criminal complaint under section 138 N.I. Act by filling up an enormous amount of Rs. 6,00,000/- (Six Lac) in the same. The petitioner was not liable to pay any such amount to the respondent. The petitioner contested the same but he has been convicted by the learned Sub-Judge, Judicial Magistrate 1st Class Batote, vide his order dated 16.12.2013 in the complaint filed by the respondent.

2. The petitioner being aggrieved of the said order of conviction filed an appeal before the Sessions Judge Ramban, which is pending disposal. It is stated in the petition that during the course of arguments before the trial Court, two major aspects improperly attended during recording of evidence before the trial court were observed and accordingly the petitioner preferred to avail his legal right to fair trial by way of additional evidence and had filed an application under secti





















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