PARMINDER KHETARPAL Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The present revision petition has been preferred under Sec. 397 read with Sec. 401 and 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') against the impugned judgment and order dtd. 14/3/2018 passed by learned Special Judge (PC Act), CBI-03, Dwarka District, Courts, Delhi ('Appellate Court') in Criminal Appeal No. 05/2018, to the extent that respondent no. 2 has been granted benefit of probation, and praying to uphold the order on sentence dtd. 19/12/2017 passed by the learned Trial Court.

(2.) The brief facts of the present case are that petitioner had filed a complaint under Sec. 138 Negotiable Instruments Act, 1881 ('NI Act') against the accused/respondent no. 2 and after completion of trial, learned Trial Court vide order dtd. 16/11/2017 convicted respondent no. 2, and vide order dtd. 19/12/2017 sentenced him to undergo simple imprisonment for a period of two months and to pay a compensation of Rs.80,000.00 to the complainant under Sec. 357(3) Cr.P.C within 30 days from the date of order and in default of payment of compensation to the complainant, respondent no. 2 was to undergo simple imprisonment for a period of six months.

(3.) Aggrieved by the order of conviction dtd. 16/11/2017 and order on sentence dtd. 19/12/2017, respondent no. 2 preferred an appeal bearing CA No. 05/2018 assailing the said orders. Learned Appellate Court vide judgment dtd. 14/3/2018, while upholding the conviction of respondent no. 2 under Sec. 138 NI Act, 1881, partly set aside the order on sentence dtd. 19/12/2017, and extended the benefit of probation to respondent no. 2. The relevant portion of judgment dtd. 14/3/2018, impugned before this Court, is as under: