268 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.01.2025 KAILASH CHAND ...PETITIONER V/S SHEELA DEVI AND ANOTHER ..RESPONDENTS CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Ashish Grewal, Advocate for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG Haryana.

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HARPREET SINGH BRAR , J. (ORAL)

1. This revision petition has been preferred against the judgment dated 01.09.2023 passed by learned Additional Sessions Judge, Narnaul, vide which, judgment of conviction and order on quantum of sentence dated 03.12.2019 passed by learned Judicial Magistrate Ist Class, Narnaul in a complaint case filed under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’) have been upheld.

2. The petitioner was sentenced as under:

Offence Sentence

138 NI Act Simple Imprisonment for one year with a compensation of Rs. 25,000/-

3. Brief facts of the present case are that the present complaint has been filed by the complainant with the allegations inter-alia that the accused took a loan of Rs.4,00,000/- for his business and home expenses from the complainant. At the time of taking loan it was agreed that the whole amount of the loan shall b