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2017 Supreme(Del) 2649

ASHUTOSH KUMAR
SAJIDUR REHMAN – Appellant
Versus
RAJIV KASHYAP – Respondent


Advocates Appeared:
For the Appellant : Mr. Anshuman Animesh, Adv. With Ms. Sakshi Kaushik, Adv.
For the Respondent: Mr. Anuj Kr.Ranjan.
For the State : Ms. Neelam Sharma, APP.

JUDGMENT :

ASHUTOSH KUMAR, J.

1. Sajidur Rehman, the petitioner, has been convicted under Section 138 of Negotiable Instruments Act, 1881 vide judgment and order dated 24.11.2011 and 28.11.2011 respectively, passed by the learned Metropolitan Magistrate, Karkardooma Courts, Delhi in connection with CC No.7628/2010 and has been sentenced to undergo RI for a period of 8 months and to pay a compensation of Rs.22,20,000/- to the respondent/complainant within a period of one month from the date of passing of the order and on failure to do so, to undergo SI for a further period of 6 months.

2. The petitioner, thereafter, unsuccessfully appealed before the ASJ-02 (East), Karkardooma Courts vide Crl. Appeal No.57/2012. The Appellate Court did not find any merit in his appeal and dismissed the same.

3. The present revision petition assails both the judgments by the courts below.

4. A complaint was filed by the respondent alleging that he was known to the petitioner who had approached him for financial help of Rs.20 lakhs for 10 days. On such demand by the petitioner, it was further alleged that a sum of Rs.17,20,000/- was paid to him in the month of April, 2008 against an oral agreement. In disc










































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