NIKHIL INFRATECH LTD Vs. INTEC CAPITAL LTD

JUDGEMENT

(1.) The present revision petition has been filed under Sec. 397 Cr.P.C. read with Sec. 401 Cr.P.C. on behalf of the petitioners seeking setting aside of the judgment dtd. 18/1/2020 passed by the learned Addl. Sessions Judge-02, South East District, Saket Court, Delhi in Criminal Appeal No. 78/17 and the judgment on conviction dtd. 18/1/2017 passed by the learned Metropolitan Magistrate, South East, Saket Court, New Delhi in Complaint Case No. 346/2/13 (614363/16). Vide the impugned judgment on conviction passed by the learned Metropolitan Magistrate, the petitioners were convicted for the offence punishable under Sec. 138 of the N.I. Act. Vide order on sentence dtd. 25/1/2017, petitioner Nos. 2, 3 and 4 were sentenced to undergo Simple Imprisonment for a period of 2 years, 6 months and 3 months respectively, alongwith fine of Rs.6,80,208.00 to be paid by all petitioners including petitioner No. 1, in default whereof petitioner Nos. 2, 3 and 4 were directed to undergo Simple Imprisonment for 6 months each. Feeling aggrieved with the aforesaid judgment of conviction and order on sentence, the petitioners preferred an appeal before the Sessions Court and vide the impugned judgment dtd. 18/1/2020, the sentence of petitioner No. 2 was modified and reduced to Simple Imprisonment for 1 year, while sentences of other petitioners were left undisturbed.

(2.) Brief facts, as noted in the impugned judgment on conviction, are as follows:-

(3.) On 21/1/2020, learned counsel for the petitioners stated that the petitioners were ready to pay the entire fine amount imposed by the Trial Court and also handed over Demand Draft bearing No. 76668 dtd. 20/1/2020 for an amount of Rs.3,30,208.00 and Demand Draft bearing No. 503499 dtd. 21/1/2020 for an amount of Rs.3,50,000.00 to Deputy Manager (Legal) of the respondent.