JUDGMENT

1. The present petition is filed under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 seeking setting aside of judgment dated 17.01.2023 (hereafter ‘the impugned judgment dated 17.01.2023’), passed by the learned Additional Sessions Judge-05 (‘ASJ’), Saket Courts, Delhi whereby the Criminal Appeal No. 101/2021 filed by the petitioner was dismissed.

2. In the present case, the petitioner vide judgment dated 06.04.2021 was convicted for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereafter ‘NI Act’) by the learned Metropolitan Magistrate (‘MM’), NI Act, Saket Courts, Delhi in CT No. 4581/2018. Further, vide order on sentence 26.07.2021, the petitioner was sentenced to pay a fine of ₹5,50,000/- to the complainant and in default of payment of same, to undergo simple imprisonment for one and a half months.

3. Briefly stated, the case of the complainant was that in July 2017, the complainant extended a friendly loan of ₹4,25,000/- to the accused/petitioner in cash for her business purposes for a period of six months. It was averred that after the expiry of six months period, in the discharge of her liability, the petitioner had