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2021 Supreme(Del) 261

SUBRAMONIUM PRASAD
G. D. Kataria – Appellant
Versus
AVL Leasing & Finance Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Medhanshu Tripathi, Advocate.
For the Respondent:Anuj Soni, Advocate.

JUDGMENT :

1. The instant revision petition is directed against the order dated 27.08.2018, passed by the Additional Session Judge/Special Judge (NDPS), West District, Tis Hazari Court, Delhi, in Criminal Appeal being CA No. 153/2018, whereby the Additional Session Judge has dismissed the appeal and has affirmed the order dated 26.04.2018, passed by the Metropolitan Magistrate in CC No.8073/2016, convicting the petitioner herein for offences punishable under section 138 of Negotiable Act, 1881 (hereinafter referred as ‘The N.I. Act’). The petitioner has also challenged the order dated 12.07.2018 in the said Criminal Appeal whereby the Metropolitan Magistrate has sentenced the petitioner to undergo simple imprisonment for a period of two months and also directed the petitioner to pay an amount of Rs. 13 Lakhs as fine payable as compensation to the respondent herein as per the provisions of Section 143(1) (Provisio) of N.I. Act read with Section 357(1)(3) of Cr.P.C.

2. The facts leading to the instant revision petition are as under:

(a) The respondent is a leasing and financing company. The respondent financed a bus for the petitioner by giving a loan. In discharge of the liability the

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