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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sandeep Sharma, J
Sanjeev Kumar Pathania – Appellant
Versus
Neelam Sharma – Respondent
| Table of Content |
|---|
| 1. overview of the history of the case and original conviction. (Para 1 , 2 , 3 , 4) |
| 2. failure of the petitioner to comply with conditions or settlement. (Para 5 , 6 , 7 , 8) |
| 3. standard of proof for rebutting statutory presumption under section 139. (Para 9 , 10 , 11) |
| 4. evaluation of evidence and procedural compliance by the complainant. (Para 12 , 13) |
| 5. enforceability of security cheques under the negotiable instruments act. (Para 14 , 15) |
| 6. limited scope of revisional jurisdiction regarding concurrent findings. (Para 16 , 17 , 18) |
| 7. dismissal of the petition and final direction to surrender. (Para 19 , 20) |
Sandeep Sharma, J. (Oral)
Instant criminal revision petition, lays challenge to judgment dated 29.10.2024, passed by the learned Sessions Judge, Hamirpur District Hamirpur, Himachal Pradesh, in Criminal Appeal No.05/2024 affirming the judgment of conviction and order of sentence dated 31.7.2023, passed by the learned Judicial Magistrate First Class-III, Hamirpur, District Hamirpur, Himachal Pradesh in complaint No. 7-I-2021 (CIS Regn No. 29 of 2021), whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable
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