ASHUTOSH KUMAR, J.

1. The petitioner has laid challenge to the judgment and order dated 06.10.2016/07.10.2016 passed by the Metropolitan Magistrate, South-01, N.I.Act, Saket Courts, New Delhi in Complaint Case No.117/2014 whereby he has been convicted for the offence under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo SI for a period of eight months, to pay a fine of Rs.50 lakhs payable as compensation to the respondent/complainant and in default of payment of fine to further undergo SI for four months and the judgment in appeal (Crl.Appeal No.54/2016) passed by the learned Additional Sessions Judge/Special Judge, CBI-03, P.C Act, South District, Saket Courts, New Delhi whereby the judgment and order of conviction and sentence by the Trial Court has been affirmed and upheld.

2. The petitioner is alleged to have issued five cheques drawn on HDFC Bank, Chattarpur, New Delhi in favour of the respondent as security to a loan agreement which is said to have been executed on 17.01.2012 for having received Rs.50 lakhs from the respondent. The aforesaid cheques, on presentation by the respondent in the bank, were dishonoured because of the “instruc