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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025 (Arising out of SLP(Crl.) No.8508 of 2025)
RADHESHYAM SHARMA APPELLANT
VERSUS
SURESH SINGH SIKARWAR RESPONDENT
O R D E R
Heard learned counsel for the parties.
2. Leave granted.
3. The present matter arises out of a proceeding under the
Negotiable Instruments Act, 1881 (for short, the “N.I. Act”),
which was filed by the respondent/complainant against the
appellant relating to non-encashment of a cheque issued by the
appellant to the respondent for a sum of Rs.1,35,000/ (Rupees
One Lakh Thirty Five Thousand). The Trial Court vide its order
dated 28.01.2011 has acquitted the appellant from the charge
under Section 138 of the N.I. Act. Thereafter, the respondent
moved in an appeal before the High Court, where the High Court
vide its impugned judgment dated 28.11.2024 has convicted the
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appellant under Section 138 of the N.I. Act and sentenced him
to undergo Rigorous Imprisonment (for short, “R.I.”) of one
year along with a fine of Rs.2,70,000/- (Rupees Two Lakhs
Seventy Thousand), and in default to undergo further 2 months
R.I. which is impugned in the present proceeding.
4. Learned counsel for the appellant submitted that though the
order of the Trial Court is correct and the High Court has erred in
reversing the said order but to save the ...