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2023 Supreme(Del) 3965

SWARANA KANTA SHARMA
Devender Damle – Appellant
Versus
Chetna Verma – Respondent


Advocates appeared:
Ms. Anital Sahani and Ms. Leelawati, Advocates, for the Petitioner.
Mr. H.C. Suri, Advocate, for the Respondent-1.
Mr. Satish Kumar, APP, for the State/Respondent-2.

JUDGMENT

Swarana Kanta Sharma, J. The instant revision petition under Section 397 of the Code of Criminal Procedure, 1973 (hereinafter `Cr.P.C.'), has been filed on behalf of the petitioner seeking setting aside of judgment dated 26.05.2018 passed by the learned Additional Sessions Judge-02, Central, Tis Hazari Courts, Delhi (hereinafter `learned ASJ') whereby the Criminal Appeal No. 544844/2016 filed by the petitioner was dismissed.

2. In the present case, the petitioner vide judgment dated 23.03.2015 was convicted for offence under Section 138 of Negotiable Instruments Act, 1881 (hereinafter `NI Act') by the learned Metropolitan Magistrate (NI Act)-1,Central, Tis Hazari Courts, Delhi (hereinafter `learned MM') in CC No. 2799/2010 titled "Chetna Verma vs. Devender Damle". Further, vide order on sentence dated 25.03.2015, the petitioner was sentenced to undergo simple imprisonment of three months and to pay a combined fine of Rs.40 lakhs, out of which Rs.39 lakhs was to be paid as compensation to the complainant and remaining Rs.1 lakh as fine, and in default of payment of same, to undergo further simple imprisonment for three months.

3. Briefly stated, the case of complainant was

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