SATISH KUMAR JAIN Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The present petition is filed under Sec. 397 read with Sec. 482 of the Code of Criminal Procedure, 1973 ('CrPC') against the judgment dtd. 24/5/2023 (hereafter 'impugned order') passed by the learned Additional Sessions Judge ('ASJ'), South West, Dwarka Courts, Delhi in CA No. 101/2021 titled Satish Kumar Jain vs. Jugal Kishore and Anr.

(2.) By impugned order, the learned ASJ dismissed the appeal filed by the petitioner against the judgment dtd. 7/3/2020 and order on sentence dtd. 28/8/2021, passed by the learned Metropolitan Magistrate ('MM'), Dwarka Courts, Delhi whereby the petitioner was convicted under Sec. 138 of the Negotiable Instruments Act, 1881 ('NI Act').

(3.) The subject complaint was filed under Sec. 138 of the NI Act at the behest of the complainant/Respondent alleging that the petitioner and respondent were well known to each other. It is alleged that the respondent advanced a friendly loan for a sum of ?1,50,000/-to the petitioner who allegedly promised to repay the same in September 2016. It is alleged that thereafter the petitioner, in discharge of the liability, advanced two cheques for a sum of Rs.1,00,000.00 and Rs.50,000.00 by way of cheques being cheques no. 712377 and 712378 dtd. 22/10/2016 and 28/10/2016 respectively, with the assurance that the same would be honoured upon presentation.