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2026 Supreme(Online)(HP) 2134

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Pyar Chand – Appellant
Versus
Shri Ram Finance Co. Limited – Respondent


Petitioner Advocates:Naveen Kumar Bhardwaj ,Respondent Advocate: NEMO Ashwani Kaundal

Sandeep Sharma, J. (Oral)

Instant criminal revision petition filed under Section 397 read with Section 401 of Cr.P.C. lays challenge to judgment dated 02.04.2022, passed by the learned Additional Sessions Judge, Kullu, District Kullu, Himachal Pradesh, in Criminal Appeal No.09 of 2021, titled as Pyar Chand Vs. Shriram Finance Co., affirming judgment of conviction and order of sentence dated 03.03.2020/06.03.2020, passed by the learned Chief Judicial Magistrate, Kullu, Lahaul and Spiti at Kullu, Himachal Pradesh, in Criminal Complaint No.56-I/2012, whereby the learned trial Court while holding the petitioner-accused (hereinafter, “accused”) guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.5,00,000/- to the respondent-company.

2. Precisely, the facts of the case, as emerge from the record are that respondent-company (hereinafter, ‘complainant’) instituted a complaint under Section 138 of the Act, in the competent Court of law, alleging therein accused approached the complainant to finance a

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