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2019 Supreme(Online)(P&H) 100

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GAGANDEEP SINGH @ HAPPY – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent


264 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 30.01.2025 GAGANDEEP SINGH @ HAPPY ...PETITIONER V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Veneet Sharma, Advocate for the petitioner.

Mr. Nitesh Sharma, DAG, Punjab.

Mr. Rishu Mahajan, Advocate for respondent No.2.

****

HARPREET SINGH BRAR, J. (ORAL)

1. This revision petition has been preferred against the judgment dated 19.08.2019 passed by learned Additional Sessions Judge, Amritsar, vide which, judgment of conviction and order on quantum of sentence dated 14.07.2017 passed by learned Judicial Magistrate Ist Class, Amritsar 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 RI for 02 years with a with a fine of Rs.1,000/-, in default of payment of fine to undergo RI for 15 days.

3. Briefly, the case of complainant is that petitioner/accused has taken a friendly loan of Rs.4,00,000/- from the respondent No.2/complainant and in discharge of his said legal debt and liability, the petitione

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