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2025 Supreme(Online)(HP) 4121

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Judge, J
Applicant/Appellant – Appellant
Versus
Accused – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vijay Singh Bhatia
For the Respondents:

Table of Content
1. overview of complainant's claims and the trial court's process. (Para 1 , 2 , 3)
2. arguments and evidence presented during the trial. (Para 5 , 6 , 7 , 8)
3. court's analysis of evidence and legal principles. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)

The applicant/appellant has filed the present application for the grant of special leave to appeal against the judgment dated 28.11.2024, passed by the learned Judicial Magistrate First Class, Court No.3, Shimla, H.P. (learned Trial Court) vide which the complaint filed by the applicant/ appellant was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present application are that the complainant filed a complaint before the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (NI Act). It was asserted that the accused was running a retail business in the name and style of M/S Sai Agro Chemicals, Dhabas, Tehsil Chopal, District Shimla, H.P. He procured the seeds, pesticides, fungicides and other horticul

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