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2025 Supreme(Online)(Del) 7039

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Narula, J
TAJENDER SINGH BAJWA ALIAS RICKY – Appellant
Versus
SANJAY KUMAR – Respondent
CRL.REV.P.(NI) 193/2025



Advocates:
For the Appellants/Petitioners: Mr. Upender Kumar, Mr. Aditya Joshi, Ms. Komal Raj Saxena, Mr. Tushar Yadav, Mr. Rohan Anand
For the Respondents: None

The court modified the compensation amount after correcting the interest calculation under the NI Act, ensuring legal procedures for bail were adequately addressed.

Headnote:(A) Negotiable Instruments Act, 1881 - Section 138 - Revision petition against conviction and sentencing under dishonour of cheque - Conviction upheld, however, modification of sentence was made, adjusting the interest calculation from INR 2,33,434.93 to INR 83,325 - Total compensation now set at INR 2,33,325, with provisions for bail upon partial deposit - Application for stay was not pressed. (Paras 5, 6, 10)

(B) Bail - Conditions for release discussed, including prohibition on leaving jurisdiction and tampering with evidence. (Paras 7, 8)

Facts of the case:
The petitioner was convicted for cheque dishonour under the NI Act, sentenced to three months' imprisonment, and ordered to pay compensation which was later modified upon appeal, adjusting the interest due.

Findings of Court:
The Sessions Court modified the sentence based on recalculation of the interest component, leading to a total compensation significantly different from the Trial Court’s ruling.

Issues: The main issues included the correctness of interest computation and the appropriateness of bail conditions post-conviction.

Ratio Decidendi: The court affirmed the lower court's decisions while ensuring correct legal procedures for sentencing and bail were followed.

Result: The application is disposed of with directions for bail and deposit of the remaining amount.

Table of Content
1. application for stay and court's disposition. (Para 4)
2. compensation amount and modifications regarding interest calculated. (Para 5 , 6)
3. conditions for bail set upon partial payment. (Para 7)

O R D E R

% 26.08.2025 CRL.M.A. 25379/2025 (seeking exemption from filing true typed copies of annexure C) and CRL.M.A. 25380/2025 (seeking exemption from filing the certified copy of annexures B)

1. Exemption is granted, subject to all just exceptions.

2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the applications stand disposed of.

CRL.REV.P.(NI) 193/2025

4. The present revision petition impugns judgement dated 14th August, 2025 passed by ASJ-04, Central District, Tis Hazari, Delhi arising from the impugned judgement dated 25th October, 2023 and order on sentence dated 18th November, 2023 under Section 138 of the Negotiable Instruments Act , 1881, [1“NIAct”] passed by MM, N.I. Act-02, Central, Tis Hazari Courts, Delhi.

13. Renotify on 27th November, 2025.

CRL.M.(BAIL) 1800/2025 (seeking suspension of sentence)

4. The present application under Section 430 of Bharatiya Nagarik Suraksha Sanhita , 2023, [2“ BNSS ”] (formerly Section 389 of the Code of Criminal Procedure , 1973, [3“Cr.P.C”]) seeks suspension of sentence, till disposal of the above captioned petition.

5. By judgment dated 25th October, 2023, the Petitioner was convicted for the offence under Section 138 of the NI Act. He was sentenced to undergo simple imprisonment for three months and was further directed to pay INR 1,50,000/-, being the cheque amount in question. Additionally, the Trial Court directed payment of simple interest @ 9% per annum on the cheque amount from the date of filing of the complaint till the date of judgment, which was calculated as INR 2,33,434.93/-. Accordingly, the Petitioner was directed to pay a total sum of INR 3,83,434.93/- (i.e., sum total of cheque value of INR 1,50,000/- and interest of INR 2,33,434.93/-), within 30 days of the judgment, failing which he was to undergo an additional simple imprisonment of three months.

6. In appeal, the Sessions Court upheld the conviction, but modified the sentence upon finding that the Trial Court had erred in computing the interest amount as INR 2,33,434.93/-, instead of the correct figure of INR 83,325/-. Consequently, the sentence was modified, and the Petitioner was taken into custody to serve the imprisonment, with a direction to pay INR

2,33,325/- (i.e., sum total of INR 1,50,000/- and INR 83,325/-) as compensation, and in default thereof, to further undergo simple imprisonment for three months.

6. Mr. Upender Kumar, counsel for the Petitioner, submits that the Petitioner has been in custody since 4th August, 2025. He further states that of the total compensation amount of INR 2,33,325/-, a sum of INR 46,650/- has already been deposited before the Sessions Court, and the remaining amount, in terms of the modified sentence, shall be deposited before this Court.

7. In light of the foregoing, subject to the deposit of the balance amount, the Petitioner is directed to be released on bail, upon furnishing a bail bond in the sum of INR 25,000/- with two sureties of the like amount, subject to the satisfaction of the concerned Jail Superintendent/Trial Court/ Duty MM on the following conditions:

(a) The compensation amount shall be kept in a fixed deposit;

(b) The Applicant shall, under no circumstance, leave the NCT of Delhi, without permission of the Trial Court, during the period of his release;

(c) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever;

(d) The Applicant shall provide the address where he would be residing after his release and shall not change the address without informing the concerned IO/ SHO;

(e) The Applicant shall, up

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