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2021 Supreme(Del) 384

SUBRAMONIUM PRASAD
In The Matter Of: Barun Kumar – Appellant
Versus
State Of NCT Of Delhi – Respondent


Advocate Appeared:
For the Appellant :Mr. Dheeraj Malhotra and Mr.Gaurav Gupta, Advocates
For the Respondent: Mr. Hirein Sharma, Mr. Shakeel Sarwar Wani and Mr. Himanshu Garg, Adv.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This revision petition is directed against the judgment dated 24.04.2018, passed by the Additional Sessions Judge, South District, Saket Court, New Delhi, in Criminal Appeal No.8045/2016 and Criminal Revision Petition No.8352/2016 dismissing the appeal filed by the petitioner herein and affirming the judgment of the learned Metropolitan Magistrate convicting the petitioner for offences under Section 138 of the Negotiable Instruments Act, 1881(hereinafter referred to as ‘the N.I. Act’) sentencing the petitioner to undergo simple imprisonment for five months and pay Rs.20 lakh as compensation to the complainant.

2. The respondent No.2/complainant instituted a complaint against the petitioner herein for an offence punishable under Section 138 of N.I. Act inter alia stating as under:

    a) The accused/petitioner herein is known to the complainant for several years and had approached the complainant with a request of loan stating that he is about to get the authorized dealership of HP for which he is required to deposit about Rs.20,00,000/- within few days and he needs a loan of Rs. 15,00,000/-. It is stated in the complaint that the accused/petitioner here

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