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2025 Supreme(Online)(Del) 47172

IN THE HIGH COURT OF DELHI AT NEW DELHI
Ajay Digpaul, J
IMRAN & ANR. VS. ABDABI & ANR.
CRL.REV.P.(NI) 205/2025 | CRL.M.A. 27390/2025 | CRL.REV.P.(NI) 206/2025 | CRL.M.A. 27392/2025



Advocates:
For the Appellants/Petitioners: Sushant Mukund
For the Respondents:

Revision petitions challenging a conviction under Section 138 of the Negotiable Instruments Act may not be entertained by the High Court unless the petitioner deposits the compensation amount ordered by the Trial Court.

Headnote:The matter pertains to Section 138 of the Negotiable Instruments Act, 1881. The petitioner was convicted by the Trial Court and sentenced to simple imprisonment and payment of compensation in two separate complaint cases. These convictions were subsequently upheld by the Appellate Court. The court observed that the petitioner had failed to deposit the compensation amounts as directed by the Trial Court. The primary issue is whether the revision petitions can be entertained when the petitioner has failed to comply with the order on sentence regarding the payment of compensation. The court reasoned that the captioned revision petitions cannot be taken up for hearing unless and until the aforesaid compensation amounts are deposited. Accordingly, the present applications seeking stay of operation of the impugned judgment and order on sentence are dismissed.

Table of Content
1. background of conviction and non-payment of compensation. (Para 1 , 2 , 3 , 4)
2. requirement of compensation deposit for hearing revision. (Para 5 , 6 , 7)
3. procedural directions for issuing notice. (Para 8)

O R D E R

CRL.M.A. 27389/2025 & CRL.M.A. 27391/2025 (Stay on the impugned judgment/order on sentence)

1. Through the present revision petitions, the petitioner has challenged the impugned judgment dated 19.03.2024 as well as order on sentence dated 12.04.2024 in Ct. Case No. 97717/2016 and Ct. Case No. 97719/2016.

2. By the impugned judgment dated 19.03.2024, the learned Trial Court convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in both the aforesaid complaint cases. Consequent thereto, vide separate orders on sentence dated 12.04.2024, the petitioner was sentenced to undergo simple imprisonment for a period of 30 days in each case and was further directed to pay compensation of ₹1,81,000/- in Ct. Case No. 97717/2016 and ₹3,62,000/- in Ct. Case No. 97719/2016, respectively, with a stipulation that in default of payment of the compensation amounts, the petitioner shall undergo simple imprisonment for a further period of 30 days in each case.

3. Subsequently, the petitioner also filed criminal appeals before the Appellate Court, which were dismissed by learned ASJ-02/Special Judge (NDPS), East District, Karkardooma Courts, Delhi. The Court therein also observed in the final order that in the eventuality of the failure to pay the compensation, learned Trial Court shall enforce the sentence as per law.

4. Today, this Court is apprised of the fact that the petitioner has not deposited the compensation amount as directed by the learned Trial Court.

5. In view thereof, this Court is of the considered opinion that the captioned revision petitions cannot be taken up for hearing unless and until the aforesaid compensation amounts are deposited.

6. Accordingly, the present applications seeking stay of operation of the impugned judgment and order on sentence are dismissed. The learned Trial Court is further directed to take appropriate steps in accordance with law, in view of the petitioner’s failure to comply with the order on sentence dated 12.04.2024.

7. Copy of the order be sent to the learned Trial Court immediately for necessary information and compliance.

CRL.REV.P.(NI) 205/2025 & CRL.M.A. 27390/2025

CRL.REV.P.(NI) 206/2025 & CRL.M.A. 27392/2025

8. On petitioner taking necessary steps, issue notice to the respondents through all permissible modes, returnable on 21.04.2026.

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