Sandeep Sharma, J. (Oral)

Instant criminal revision petition filed under Section 438 read with Section 442 of Bharatiya Nagrik Suraksha Sanhita, 2023, lays challenge to judgment dated 24.03.2025, passed by the learned Sessions Judge, Shimla, District Shimla, H.P., in Criminal Appeal No.111-S/10 of 2024, titled as Sh. Pankaj Ranjan Vs. Sh. Ankur Joshi, affirming judgment of conviction and order of sentence dated 01.07.2024, passed by the learned Judicial Magistrate First Class, Court No.3, Shimla, District Shimla, Himachal Pradesh, in case No.935/2007, 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 one year and pay compensation to the tune of Rs.2,20,000/- to the respondent-complainant.

Precisely, the facts of the case, as emerge from the record are that respondent-complainant (hereinafter, ‘complainant’) instituted a complaint under Section 138 of the Act, in the competent Court of law, stating therein that accused borrowed a sum of ₹1,1