MANOHAR LAL Vs. PREM SINGH

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 against conviction/sentence passed on 27/4/2022 by the learned Additional Chief Judicial Magistrate, Theog, District Shimla in Criminal Case No. 9/3 of 2010, which has been affirmed by the learned Sessions Judge (Forest) Shimla, H.P. vide judgment/order dtd. 20/7/2023, passed in Criminal Appeal No. 9/S/10 of 2022, titled "Manohar Lal vs. Prem Singh"

(2.) Brief facts giving rise to the case at hand are that respondent/complainant had filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 on 30/12/2009. The respondent/complainant in the plaint had alleged that he knew the Whether reporters of Local Papers may be allowed to see the judgment? petitioner/accused as they had dealing with each other for the last 2-3 years.

(3.) In October/November, 2009, according to the respondent/complainant, the petitioner/accused had approached the respondent/complainant for advancing a loan of Rs.3,00,000.00 The respondent/complainant post considering the request of the petitioner accused advanced a loan of Rs.3,00,000.00. The petitioner/accused had promised to return the loan amount within 2-3 months. In order to discharge his legally enforceable liability, the petitioner/accused had issued a cheque bearing No. 314832 dtd. 7/11/2009 for an amount of Rs.3,00,000.00drawn on INDUSIND Bank limited.