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2009 Supreme(Del) 2

SUNIL GAUR
Sunita Jamwal – Appellant
Versus
D. S. Marketing Pvt. Ltd. – Respondent


Advocates Appeared:
Mr. Pradeep Kumar Bakshi, Advocate
Mr. K.K. Manan, Ms. Anju Kataria, Mr. Ashok Dholkiya and Mr Rajiv Sharma, Advocates for Respondent NO.1 Mr. R.N. Vats, learned Additional Public Prosecutor for State.

SUNIL GAUR, J.

1. In this petition, petitioner has impugned order dated 17th May, 2008 passed by learned Additional Sessions Judge, Delhi in Criminal Revision No.163/2006 titled D.S. Marketing V. Sunita Jamwal, whereby the sentence awarded by the trial court in a case under Section 138 of Negotiable Instruments Act directing her to pay a fine of rupees one lac twenty thousand only has been enhanced to simple imprisonment of six months with a fine of rupees fifty thousand only.

2. The operative part of the impugned order dated 17th May, 2008 of the learned Additional Sessions Judge reads as under :- So far as quantum of sentence is concerned, Ld counsel for appellant submitted that she had already made payment of Rs.13 lakhs against cheque amount of Rs.1241000/- but in my opinion the offence had already been committed and payment of the amount that also in the execution proceeding before the Honble High Court does not absolve the appellant of her liability for the offence punishable U/s 138 Negotiable Instrument Act. The appellant had not taken care that this cheque was issued in pursuance to the decree passed by the Honble High Court and before the court. Keeping in view all these







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