FAYAZ ALAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Allowed, subject to all just exception. CRL.REV.P. 138/2024 & CRL.M.(BAIL) 161/2024 & CRL.M.A. 2848/2024

(2.) This petition has been filed by the petitioner under Sec. 401 read with 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') challenging the order dtd. 20/9/2023 passed by the learned Additional Sessions Judge-02, Central-District, Tis Hazari Courts, Delhi in C.A. No.181/2022, titled as Fayaz Alam v. Binod Kumar Sharma, dismissing the appeal filed by the petitioner herein.

(3.) By the said appeal, the petitioner herein had challenged the judgment dtd. 8/7/2022 passed by the learned Metropolitan Magistrate (Central), NI Act-04, Central District, Tis Hazari Court, Delhi in C.C. No. 522771/2016, titled Mr. Binod Kumar Sharma v. Sh. Fayaz Alam, convicting him of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act'), and the order dtd. 2/8/2022 passed by the learned Metropolitan Magistrate in the said Complaint, sentencing him to undergo simple imprisonment of four months and pay a fine of Rs.1,70,000.00 as compensation under Sec. 357(1) of Cr.P.C. within a period of 30 days to the complainant/respondent no.2, and in case of default of the same, to undergo further simple imprisonment for two months.