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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vijender Katoch, J
Ravinder Kumar – Appellant
Versus
Sushil Junk Srap Dealer and others – Respondent
| Table of Content |
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| 1. establishes the initial facts related to the issuance of the cheque and the dishonor that led to legal action. (Para 2 , 3 , 4) |
| 2. discusses the appeals and the legal positions taken by both parties. (Para 10 , 11) |
| 3. articulates the findings of the court regarding the presumption associated with the cheque issuances. (Para 12 , 13 , 14 , 15) |
| 4. addresses the substantive conclusions about liability and the imposition of sentence. (Para 41 , 44 , 45 , 49) |
The petitioner has filed the present petition against the judgment dated 24.11.2023 passed by learned Additional Sessions Judge-II, Kangra at Dharamshala (learned Appellate Court), vide which the judgment of conviction dated 24.01.2019 and order of sentence dated 28.01.2019 passed by learned Judicial Magistrate First Class, Court No. I, Dharamshala, were upheld. (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 petition are that the complainant filed a complaint against the accused before the learned Trial Court for the commission of an offence punishable under Section 138 of the N
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