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2016 Supreme(Del) 1796

P.S.TEJI
GAURAV – Appellant
Versus
INDIAN BANK – Respondent


Advocates Appeared:
Mr. Anurag Jain, Advocate
Mr. Vinay Kumar, Advocate with Mr. M. Prabhakar Reddy, AGM, Indian Bank.

ORDER :

P.S. TEJI, J.

1. By this petition filed under Section 482 of Cr. P.C., the petitioner seeks to challenge the order of conviction dated 31.01.2015 and order on sentence dated 21.02.2015, passed by learned Metropolitan Magistrate, thereby sentencing him to undergo simple imprisonment for a period of three months and to pay compensation of Rs.5,50,000 to the complainant and in default of payment of compensation, the petitioner was also ordered to undergo further imprisonment of one month. Against the said orders of conviction and sentence, the petitioner had preferred revision petition being CR No.11/15 before the learned Additional Sessions Judge (Special Fast Track Court) Dwarka Courts, New Delhi which was dismissed vide order dated 22.04.2015, upholding the judgment and order on sentence passed by learned Metropolitan Magistrate.

2. In nutshell, the brief facts of the case are that the respondent bank had filed a complaint under Section 138 of Negotiable Instruments Act, 1881 against the petitioner alleging that the petitioner had issued the cheque No.294410 dated 13.04.2011 in the sum of Rs.3,90,000/-in the name of the bank towards repayment of loan taken by him from the ban























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