RAJESH BHARDWAJ.J (Oral)

CRM-16421-2026

Allowed as prayed for. Annexures P-1 to P-3 are ordered to be taken on record.

CRR-2737-2025

1. Instant revision petition has been filed praying for setting aside the impugned judgment of conviction dated 19.04.2019 and order of quantum of sentence dated 20.04.2019 passed by the learned JMIC, Rewari vide which the petitioner has been convicted under Section 138 of Negotiable Instruments Act for a period of 01 year and was directed to pay Rs.5,00,000/- as compensation to respondent No.1/complainant and the judgement dated 23.10.2025 passed by the learned Additional Sessions Judge, Rewari vide which the appeal filed by the petitioner against the judgment of conviction dated 19.04.2025 and order of quantum of sentence dated 20.04.2025 was dismissed and the appeal filed by respondent No.1 was partly allowed by modifying the order passed by the learned JMIC, Rewari to the extent that the compensation amount was enhanced from Rs.5,00,0000/- to Rs.5,50,000/-.

2. Brief facts of the present case are that respondent No.1, i.e the complainant, was filed the complaint in question against the petitioner- accused. It was alleged that the accused-petitioner took friendly loan of Rs.5,00,000/- from the complainant-respondent No.1 and in order to discharge his legal liability, the accused/petitioner issued cheque bearing No.062051 dated 24.06.2015 for an amount of Rs.5,00,000/- drawn over Axis Bank Ltd., Sector 14, Gurgaon in favour of the complainant/respondent No.1. It was undertaken that on the presentation of the cheque, the same would be honored. However, on the presentation of the cheque, the same was returned by the Bank with the remarks “Funds insufficient”. The complainant, i.e. respondent No.1 issued a legal notice dated 08.07.2015 through his counsel to the accused-petitioner, however the amount was not paid and hence, it was prayed that the petitioner be punished for the offence according to the law under Section 138 of the Negotiable Instruments Act.

3. On conclusion of trial, the petitioner was convicted and sentenced under Section 138/142 of the Negotiable Instruments Act to undergo rigorous imprisonment for a period of 01 year. The petitioner was also burdened with compensation of Rs.5,00,000/-, i.e. equivalent to the cheque amount, to be payable to the complainant-respondent No.1. Aggrieved by the conviction and sentence awarded by learned Judicial Magistrate Ist Class, Rewari, the petitioner assailed the same by way of filing an appeal before the learned Additional Sessions Judge, Rewari. Learned Additional Sessions Judge, Rewari finding no merit in the appeal, dismissed the same vide order dated 23.10.2025 by upholding the conviction and sentence of the petitioner. The learned Appellate Court has also allowed the appeal filed by the complainant-respondent No.1 and modified the amount of compensation awarded to the petitioner from Rs.5,00,000/- to Rs.5,50,000/- Hence, the petitioner has approached this Court by way of filing the present petition challenging the above said orders.

4. Learned counsel for the petitioner has submitted that the prosecution of the petitioner is nothing but an abuse of the process of the Court. He has submitted that though the petitioner has already been convicted by the Court of competent jurisdiction, however, now the parties have arrived at a compromise and respondent No.1 does not want to prosecute the petitioner any more. Thus, the conviction and order of sentence dated 19/20.04.2019 passed by the learned Judicial Magistrate Ist Class, Rewari as well as the judgment dated 23.10.2025 passed by the learned Additional Sessions Judge, Rewari may kindly be quashed. He has further submitted that the petitioner has already been granted the concession of interim bail by this Court vide order dated 11.11.2025.

5. However, learned counsel for the State has fairly submitted that the petitioner has not misused the concession of interim bail granted to him by this Cour