BHARTI SAHNI Vs. VIKAS SEHRAWAT

JUDGEMENT

(1.) Criminal Revision under Sec. 438/442 read with Sec. 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Petitioner, Smt. Bharti Sahni, to challenge the Judgment dtd. 6/2/2025 vide which the Ld. ASJ, Delhi, whereby the conviction dtd. 1/11/2023 and the Order on Sentence dtd. 3/11/2023 under Sec. 138 Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act") by Ld. M.M., has been upheld.

(2.) The facts in brief are that the Respondent, Sh. Vikas Sehrawat was approached by the Petitioner, Smt. Bharti Sahni, through their common friend, Mr. Vaibhav Vasudeva in July, 2017, for a loan of Rs.6,00,000.00 on account of her urgent need and she offered to pay the interest @5% per month. Eventually, the Respondent/Complainant, Mr. Vikas Sehrawat, gave a loan of Rs.6,00,000.00 in the month of August, 2019 on an interest @2% per month. He was assured that the Petitioner, Ms. Bharti Sahni shall pay a sum of Rs.12,000.00 per month towards interest and that the entire amount shall be paid by August, 2020. She then gave a blank signed cheque No.005148 drawn on HDFC Bank, Community Centre, Rohini Branch, Delhi for Rs.6,00,000.00.

(3.) The Complainant, Sh. Vikas Sehrawat, further asserted that despite his repeated requests, the Petitioner, Smt. Bharti Sahni kept seeking more time and eventually told him to present the cheque in the bank for encashment. On her assurance, the Complainant, Sh. Vikas Sehrawat presented the cheque on 29/9/2020, after filling the details of his name in the said cheque in his Bank i.e. ICICI, Shalimar Bagh Branch, Delhi, but the cheque was dishonoured for 'Funds Insufficient'.