Cr. Revision No. 226 of 2016. Case: Sant Lal Vs Madan Lal and another. Himachal Pradesh High Court
| Case Number | Cr. Revision No. 226 of 2016 |
| Counsel | For Appellant: Mr. O.C. Sharma, Advocate and For Respondents: Mr. P.S. Goverdhan, Advocate, Mr. Ramesh Thakur, Deputy Advocate General |
| Judges | Mr. Sandeep Sharma, J |
| Issue | Criminal Procedure Code - Section 401 |
| Judgement Date | Tuesday April 18, 2017 |
| Court | Himachal Pradesh High Court |
Judgment:
Sandeep Sharma, J. (Oral)
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Instant criminal revision under Section 397 read with Section 401 CrPC is directed against judgment dated 1.7.2016 passed by the learned Sessions Judge, Solan, District Solan, HP in Criminal Appeal No. 31-S/10 of 2015, affirming judgment dated 7.9.2015 passed by the learned Additional Chief Judicial Magistrate, Kasauli, District Solan, Himachal Pradesh in Complaint No. 59/3 of 2014, whereby learned trial Court, while holding the petitioneraccused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (''Act'', for short), convicted and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of `5.00 Lakh to the respondent-complainant (hereinafter, ''complainant'') under Section 357(3) CrPC and, in default of payment of compensation, to further undergo simple imprisonment, for a period of ten days.
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Briefly stated the facts of the case as emerge from the record are that petitioner-accused, who was a friend and known to the complainant for the last so many years, was in need of money in order to start his business and as such he made request to him to advance a friendly loan of `5.00 Lakh. On the aforesaid request having been made by the petitioner-accused, complainant advanced a sum of `5.00 Lakh to the petitioner-accused as a loan and petitioner-accused, with a view to discharge his aforesaid liability, issued cheque amounting to `5.00 Lakh on...
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