258 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 04.02.2025 SHREE KANT ...PETITIONER V/S RAKESH KUMAR ..RESPONDENT CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Satbir Gill, Advocate for the petitioner.

Mr. Dheeraj Narula, Advocate for the respondent.

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HARPREET SINGH BRAR , J. (ORAL)

1. This revision petition has been preferred against the judgment dated 27.01.2020 passed by learned Additional Sessions Judge, Sirsa, vide which, judgment of conviction and order on quantum of sentence dated 06.10.2015 passed by learned Judicial Magistrate Ist Class, Ellenabad in a complaint case filed under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’) was partly upheld.

2. The petitioner was sentenced as under:

Offence Sentence

138 NI Act Rigorous Imprisonment for one year with a compensation amount of Rs. 50,000/-

3. The case of the complainant/respondent was that he was having cordial relations with the accused-petitioner. In the month of April, 2013 petitioner took an amount of Rs. 4,50,000/- in cash as loan on interest from the complainant for his urgent requirement. At that time petitioner assured that he will repay th