SUMIT KUMAR Vs. MANOJ KUMAR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure (in short, 'Cr.P.C.'), praying for the following reliefs:-

(2.) The petitioner has not made any submission on prayer (i) quoted hereinabove. The submissions of the learned counsel for the petitioner are to address only prayer (ii), which was made in the alternative in the petition.

(3.) It is the case of the petitioner that the respondent no.1 had filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act'), being CC No. 616/2013, against the petitioner before the learned Metropolitan Magistrate, East District, Karkardooma Courts, Delhi. It is stated that the said complaint was transferred to the Court of the learned Metropolitan Magistrate, New Delhi District, Patiala House Courts, vide the order dtd. 6/1/2016 passed by the learned District and Sessions Judge, East District, Karkardooma Courts, Delhi. Thereafter, by a judgment dtd. 18/5/2022 passed by the learned Metropolitan Magistrate (NI Act)-04, Rouse Avenue Court Complex, Delhi, the petitioner has been convicted for committing the offence under Sec. 138 of the NI Act. By the order dtd. 24/5/2022, the petitioner was sentenced to undergo simple imprisonment for 6 months and pay a fine of Rs.10,00,000.00.