2021 (12) TMI 280

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....f sentence dated 23.5.2019/25.6.2019, passed by the learned Additional Chief Judicial Magistrate, Court No. 1. Kasauli, District Solan, H.P., in Case No. 57/03 of 2017, whereby the learned trial Court while holding the petitioner-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 six months and pay compensation to the tune of Rs. 25,50,000/- to the complainant. 2. Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Act, in the court of learned Additional Chief Judicial Magistrate-I Kasauli, District So....

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....n, H.P., which also came to be dismissed vide judgment dated 25.2.2020, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioner-accused has approached this Court by way of instant proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the courts below. 5. Vide order dated 11.11.2020, this Court, while suspending the substantive sentence imposed by the court below, directed the accused to deposit 30% of the fine/compensation amount, within a period of eight weeks. Though aforesaid order never came to be complied with, but during the proceedings of the case, this Court was apprised that parties ha....