IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 22^ND DAY OF AUGUST, 2022 BEFORE HON'BLE MR. JUSTICE SANDEEP SHARMA CR. REVISION NO. 334 OF 2022 Between:-

SHRI KANTU RAM S/O SHRI SANIA RAM R/O VILL. BALOA, P.O. & TEHSIL THEOG, DISTRICT SHIMLA, H.P.

AGED 52 YEARS .. PETITIONER (BY MR. I.S. CHANDEL, ADVOCATE )

AND SHRI BEER SINGH SON FO LAT SHRI UDDI RAM, RESIDENT OF VILAGE TINGER TANKOTI, P.O. & TEHSIL THEOG, DSITRICT SHIMLA, H.P.

RESPONDENT (BY MS. ARUNA CHAUHAN, ADVOCATE)

Whether approved for reporting:

iThis petition coming on for orders this day, the court passed the following:

O R D E R

Instant petition filed under Ss. 397 /401 CrPC, lays challenge to judgment dated 29.3.2022 passed by learned Additional Sessions Judge (II) Shimla in Cr. Appeal No. 4-T/10 of 2021 affirming judgment of conviction and order of sentence dated 11.11.2011 passed by learned Additional Chief Judicial Magistrate Theog in case No. 430/3 of 2016 titled Beer Singh v. Kantu Ram, whereby learned trial Court, while holding the petitioner-accused (hereinafter, ‘accused’) guilty of having committed offence punishable under S. 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple