ARUN CHAUHAN Vs. SHIV NARAYAN SHARMA

JUDGEMENT

(1.) The present petition under Sec. 528 of BNSS, 2023 has been filed for quashing of order dtd. 14/10/2024 (Annexure P-2) passed by the Court of learned Additional Sessions Judge, Faridabad in an appeal CRA No.205 of 2024 titled as 'Arun Chauhan vs. Shiv Narayan Sharma etc.' filed against the judgment of conviction and order of sentence dated 26/28/7/2022 passed by learned Judicial Magistrate Ist Class, Faridabad in case bearing NACT No.10444 of 2018, whereby, the sentence of the petitioner was suspended conditionally by imposing a condition to deposit 20% of the cheque amount.

(2.) The present complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as N.I. Act) has been initiated by the complainant company with the submissions that after the retirement of the complainant, the petitioner borrowed an amount of Rs.30,95,000.00 from him to pay money for purchasing a plot at Aligarh with the assurance to pay the same within one year. In discharge of said liability, petitioner issued a cheque bearing No.000012 dtd. 14/9/2018 for an amount of Rs.30,50,000.00drawn on HDFC Bank in favour of the complainant with the assurance that the cheque will be encashed upon its presentation. However, upon presentation, the said cheque was dishonoured with the remarks 'Payment Stopped by Drawer' vide return memo dtd. 19/9/2018. Thereafter, the complainant got issued legal notice dtd. 3/10/2018 to the petitioner/accused, but he failed to pay the aforementioned amount. Hence, this complaint.

(3.) Vide judgment of conviction and order on quantum of sentence dtd. 28/7/2022 passed by learned Judicial Magistrate Ist Class, Faridabad the petitioner was convicted and sentenced to undergo simple imprisonment for a period of one year for commission of offence punishable under Sec. 138 of Negotiable Instruments Act and was further directed to pay compensation to the tune of Rs.40,00,000.00 to the complainant within a period of one month from the date of passing of judgment, along with default mechanism. Thereafter, the petitioner preferred an appeal against the said judgment of conviction and order of sentence before the learned Additional Sessions Judge, Faridabad. The learned Appellate Court vide order dtd. 14/10/2024, suspended the sentence of the petitioner No.2 subject to depositing 20% of the cheque amount.