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2022 Supreme(P&H) 22

VIKAS BAHL
Kuldeep Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Inderjit Sharma, Advocate
For the Respondent: Mr. Sukhbeer Singh, AAG

JUDGMENT :

Vikas Bahl, J.

1. Challenge in the present Criminal Revision is to the judgment dated 07.09.2017 passed by the Chief Judicial Magistrate, Gurdaspur, vide which the petitioner had been convicted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as “the Act of 1881”) and had been sentenced as under :-

Name of the convict

Under Section

R.I.

Fine

In default of payment of fine

Kuldeep Singh

138 of Negotiable Instruments Act

Two (2) years

Rs.10,000/-

R.I. for one month

2. The period of detention already undergone by the convict, during trial of this case shall be set off against the substantive sentence. File be consigned to the record room, Gurdaspur, after due indexation.”

3. Challenge has also been made to the judgment dated 06.12.2021 vide which the appeal preferred by the petitioner had been dismissed by the Sessions Judge, Gurdaspur and the conviction had been upheld.

4. The brief facts of the prosecution case are that the petitioner had taken a loan from the respondent-HDFC Bank Limited which was to be repaid al

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