DINESH KUMAR Vs. SUBHASH SINGH

JUDGEMENT

(1.) The present petition under Ss. 397 and 401 read with Sec. 482 of the Code of Criminal Procedure, 1973, (for short, 'CrPC') has been filed seeking the following prayers: -

(2.) The present petition has been filed assailing the judgment of conviction dtd. 3/10/2016 in Criminal Appeal No. 54289/2016 passed by learned Additional Sessions Judge/Special Judge (NDPS), West District, Tis Hazari Courts, Delhi, whereby the learned Appellate Court has upheld the conviction and order on sentence of the present petitioner, for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881, (for short, 'NI Act') and dismissed the said appeal.

(3.) Learned Trial Court had convicted the petitioner in Complaint Case No.1082/1 vide judgment of conviction dtd. 17/10/2015 and order on sentence dtd. 18/11/2015 for the offence punishable under Sec. 138 of the NI Act and sentenced him to undergo simple imprisonment for a period of four (4) months and also to pay double of the cheque amount, i.e., sum of Rs.3,50,000.00 as compensation to the complainant/respondent as per proviso to Sec. 143(1) of the NI Act read with sub-Sec. (1) and (3) of the Sec. 357 of the CrPC within a period of one month from the date of passing of order on sentence and in default of payment of fine, to undergo simple imprisonment for three months. It was further directed that if compensation amount is not paid in time, then, the same shall be recoverable under Sec. 421 of the CrPC.