$~1213 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.(NI) 288/2025 & CRL.M.A. 37380-81/2025 SHAMIM AHMAD .....Petitioner Through: Mr. Javed Ahmed and Ms. Aakriti Aditya, Advs.

Versus DHARA MOTORS FINANCE LTD .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 15.12.2025

1. The present petition has been filed assailing the impugned order dated 06.12.2025 whereby the appeal preferred by the petitioner against the order of conviction dated 06.07.2024 under Section 138 of NI Act and order on sentence dated 24.08.2024, was dismissed.

2. The learned Trial Court after convicting the petitioner for the offence under Section 138 of NI Act had sentenced him to pay a fine of Rs. 3,36,632/- to be paid to the complainant as compensation within a period of 60 days from the date of pronouncement of the order on sentence, failing which it was directed that the petitioner shall undergo simple imprisonment for a period of one month.

3. Mr. Javed Ahmed, learned counsel for the petitioner submits that the case of the complainant/respondent in the complaint was that the petitioner/accused had approached the complainant for availing a loan facility for purchase of a vehicle. He submits that in the complaint there is no detail given with regard to the loan so availed bythe petitioner. However, loan document dated 18.03.2015 was proved on record by the complainant which shows that the petitioner had availed loan only to an extent of Rs.

1.90 lacs.

4. He invites attention of the Court to the cross-examination of the complainant who examined himself as CW-2, to contend that the complainant has clearly admitted during cross-examination that the petitioner/accused had re-paid an amount of Rs.1,33,276/- against the total principal amount of Rs. 1.90 lacs and interest accrued thereon to the extent of Rs. 59,776/-.

5. He submits that despite the said amount having been paid, the respondent/complainant used the cheque with an amount Rs.3,36,632/- without making an endorsement on the cheque in terms of Section 56 of NI Act, 1881. He places reliance on the decision in Dashrathbhai Trikambhai Patel vs. Hitesh Mahendrabhai Patel and Anr; (2023) 1 SCC 578

6. He further submits that the petitioner has already deposited 20% of the compensation amount of Rs.3,36,632/- before the learned Appellate Court. He further volunteers that the petitioner will deposit additional 20%

of the said compensation amount within a period of 04 weeks.

7. On petitioner depositing further 20% of the compensation amount in the name of Registrar General of this Court, issue notice to the respondent, byall permissible modes, returnable on 08.04.2026.

8. It is directed that subject to the petitioner depositing 20% of compensation amount as stated above, the operation of the impugned order shall remain stayed till the next date.

9. In case the petitioner deposits the amount as directed above, the same shall be kept in interest bearing FDR for a period of one year, on an auto renewal mode.

VIKAS MAHAJAN, J DECEMBER 15, 2025/dss