J U D G M E N T

1. By virtue of the present revision petition filed under Section(s) 401/397 of the Criminal Procedure Code, 1973, the petitioner seeks setting aside of the impugned judgment dated 08.11.2023 passed by the learned Additional Sessions Judge-05, Patiala House Court, New Delhi District, New Delhi (learned Appellate Court) in the Criminal Appeal No.28/2023 entitled ‘Rajinder Singh Tokas v. Akshay Kumar Rathi’, whereby the appeal preferred by the petitioner was dismissed and the judgment dated 15.12.2022 and order on sentence dated 07.01.2023 passed by learned Metropolitan Magistrate (NI Act), Digital Court-03, Patiala House Court, New Delhi District, New Delhi (learned Trial Court) on a complaint made by the complainant/respondent under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) was upheld.

2. Briefly put, the respondent/ complainant filed a complaint case for an offence punishable under Section 138 of the NI Act against the petitioner before the learned Trial Court wherein it was alleged that the complainant’s father and the petitioner were childhood friends and in February 2020, the petitioner approached the complainant’s father seeking a loan of Rs.15 lakhs. The complainant at his father’s request agreed to advance the said loan and withdrew Rs.15 lakhs from his Bank Account to give the same to the petitioner in cash as an interest free loan for a period of one year. Thereafter, upon expiry of the said period, when the complainant demanded repayment, the petitioner, in discharge of his liability, issued a cheque bearing no.134263 dated 30.03.2021 for Rs.15,00,000/-, which upon presentation returned unpaid with remark “funds insufficient”. Thereafter, the complainant issued a Legal Notice. Despite service thereof, the petitioner failed to make payment within the stipulated period, leading to institution of the complaint under Section 138 of the NI Act.

3. Thereafter, upon conclusion of trial, the learned Trial Court convicted the petitioner for the offence under Section 138 NI Act vide judgment dated 15.12.2022 and sentenced him vide order dated 07.01.2023 whereby the petitioner was sentenced to pay fine of Rs.15,00,000/- alongwith simple interest @ 9% per annum from the date of cheque i.e. 03.03.2021 till date of judgment i.e. 15.12.2022 within thirty days from 07.01.2023, failing which the petitioner shall undergo simple imprisonment for a period of three months in default. An appeal thereagainst before the learned District & Sessions Judge, Patiala House Courts, New Delhi by the petitioner has also been dismissed vide judgment dated 08.11.2023. Aggrieved thereby, the appellant has approached this Court by way of the present revision petition.

4. Learned counsel for the petitioner submitted that the learned Courts below have passed the judgment(s) based on surmises and conjectures and without proper appreciation of the evidence. The learned counsel submitted that the cheque in question was not issued in discharge of any legally enforceable debt, rather it was handed over to the complainant’s father as a security in connection with a chit fund committee transaction inasmuch as the father of the complainant used to deposit money in a chit fund committee run by the petitioner and a sum of Rs.5,00,000/- was due to father of the complainant, out of which the petitioner had given Rs.3,70,000/- to him in cash and the remaining Rs.1,30,000/- was to be paid subsequently, in security whereof a blank cheque i.e. the cheque in question was issued. Later on, though the petitioner paid the balance amount to the complainant’s father in cash, however, despite thereof, the complainant’s father failed to return the said cheque stating it to be misplaced, which, as per learned counsel for the petitioner, has been later misused by the complainant. The learned counsel submitted that the complainant himself has admitted that the name and amount in the cheque in question was filled by him.

5. Learned counsel for the