LAWS(DLH)-2018-3-39

YASAH PAL GUPTA Vs. STATE & ANR.

Decided On March 08, 2018
Yasah Pal Gupta Appellant
V/S
State And Anr. Respondents

JUDGEMENT

(1.) Crl.M.A.3671/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 1015/2018 & Crl.M.A.3670/2018 (stay) 1. The petitioner impugns order dated 05.12.2017, whereby, the Revisional Court has rejected the revision petition filed by the petitioner impugning the order of the learned Metropolitan Magistrate seeking to recover compensation from the petitioner.

(2.) Complaint was filed under Section 138 of the Negotiable Instrument Act by the respondent No.2 against the petitioner for having committed an offence under Section 138 of the Negotiable Instrument Act.

(3.) By judgment dated 03.07.2014, the petitioner was acquitted of the said offence by the Court of Metropolitan Magistrate. In an appeal filed by the complainant/respondent No.2 before this Court, by a detailed judgment, dated 30.06.2015, the order of the learned Metropolitan Magistrate, acquitting the petitioner, was reversed and the petitioner was held guilty of having committed an offence under Section 138 of the Negotiable Instrument Act. By Order of Sentence dated 31.08.2015, the petitioner was sentenced to pay a fine of Rs.11,50,000/-. In default of deposit of the fine, the petitioner was to undergo imprisonment for a period of three months.