JUDGMENT

AMIT MAHAJAN, J

1. The present petition is filed against the judgment dated 18.03.2024 (hereafter ‘impugned order’) passed by the learned Additional Sessions Judge (‘ASJ’), Saket Courts, New Delhi whereby the conviction of the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’) was upheld and his sentence was modified.

2. By impugned order, the learned ASJ upheld the order of conviction as passed by the learned Metropolitan Magistrate (‘MM’) vide judgment dated 29.04.2023. The learned ASJ, however, modified the order on sentence dated 11.05.2023 passed by the learned MM, and set aside the sentence of imprisonment, and only directed the petitioner to pay a fine of ₹1,75,000 along with simple interest at 9% per annum from the date of filing of the complaint till the making of the actual payment, as imposed by the learned Trial Court.

3. The seminal facts leading to filing of the present petition are as follows:

4. The complaint in the present case was filed at the behest of Respondent No. 2, alleging that the petitioner had approached him on 16.04.2020, for advancing a friendly loan for a sum of ₹1,75,000/- on the ground of illness of the petitioner’