SONIA Vs. SATISH KUMAR

JUDGEMENT

(1.) By way of present petition, the petitioner lias challenged the order dtd. 28/5/2025 (Anneuxre PI) and order dtd. 29/5/2025 {Annexure P8) passed by the Court of learned Additional Sessions Judge, Jhajjar, in an appeal No.CRA-160-2023, arising out of judgment ot conviction dtd. 4/7/2023 and order of sentence dtd. 10/7/2023 passed by learned Judicial Magistrate 1st Class, Jhajjar in Complaint No.COM A-122-2017 under Sec. 138 and 142 of the Negotiable Instrument Act, to the extent, whereby, the sentence of the petitioner was suspended conditionally by imposing a condition to deposit 20% of the compensation amount within 7 days. I he petitioner has also challenged the order dtd. 29/5/2025 (Annexure P8) passed by the Appellate Court, whereby his application for exemption was dismissed.

(2.) The present complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as N.I. Act) was filed by the complainant alleging that the accused in discharge of his legal liability towards the complainant, issued two post dated cheques 428184 and 584442 amounting to Rs.20,00,000.00(Rs.12.00 lacs + Rs.8.00 Lacs) drawn at Corporation Bank, Branch Jhajjar and Oriental Bank of Commerce, Branch B-1, Basant Kunj, New Delhi. On presentation of the same, the same were dishonoured and returned with the remarks 'funds insufficient' vide memo dtd. 4/4/2017.

(3.) Vide judgment of conviction dtd. 4/7/2023 and order of sentence dtd. 10/7/2023 passed by learned trial Court, the petitioner was convicted and sentenced to undergo simple imprisonment for a period of one year and to return the amount of cheques i.e. Rs.20,00,000.00 and to pay compensation of Rs.2,00,000.00 for commission of offence punishable under Sec. 138 of Negotiable Instruments Act. Thereafter, the petitioner preferred an appeal against the said judgment of conviction and order of sentence before the learned Additional Sessions Judge, Jhajjar. The learned Appellate Court vide order dtd. 8/8/2023 suspended the sentence of the petitioner. On 5/4/2025, respondent No.1 moved an application under Sec. 148 of N.I. Act alleging that the petitioner was under obligation to pay 20% of the cheque amount. Vide order dtd. 28/5/2025, learned Additional Sessions Judge, directed the petitioner to deposit 20% of the compensation amount as the same was the condition, which was imposed upon the petitioner at the time of granting suspension of sentence by learned trial Court.