DEEPAK PANCHOLI Vs. STATE

JUDGEMENT

(1.) The present revision petition is filed by the petitioner under Ss. 397/401 read with Sec. 482 of the Code of Criminal Procedure, 1973 ('CrPC') challenging the judgment dtd. 29/5/2023 (hereafter 'impugned judgment') passed by the learned Additional Sessions Judge ('ASJ'), South District, Saket Courts, New Delhi, in Criminal Appeal 173/2019.

(2.) The learned ASJ by the impugned judgment dismissed the appeal filed by the Petitioner challenging the order of conviction dtd. 29/3/2019 and order of sentence dtd. 1/4/2019 passed by the learned Metropolitan Magistrate ('MM'), South District, Saket Courts, New Delhi in Ct Case No. 465823/2016, filed by Respondent No. 2/M/s Clearship Forwarders Pvt. Ltd. through Authorized Representative/Ashish Mahajan, under Sec. 138 of the Negotiable Instruments Act, 1881 ('NI Act'), against M/s Sobhag Exports, it's sister concern M/s Dexport Port India, Mr. Atul Jain (Partner) and Petitioner/Deepak Pancholi (Partner).

(3.) By order of conviction dtd. 29/3/2019, the Petitioner and M/s Dexport Port India, were held guilty for the offence under Sec. 138 of the NI Act while M/s Sobhag Exports and Mr. Atul Jain were acquitted.