Revision petition challenging conviction under Section 138 NI Act on five dishonoured cheques. Since payments already exceeded the cheque amount, the High Court upheld the conviction but reduced the fine to the amount already paid.
Conviction upheld; sentence reduced to the amount already paid by petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~10 to 14
Through: Petitioner-in-person
versus
STATE ( GOVT OF NCT OF DELHI ) & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. Mr. Harsh Vardhan Sharma, Mr. Neeraj Kumar, Mr. Harsh Saini, Mr. Ashutosh Kumar Pandey, Advocates for R-2.
Through: Petitioner-in-person
versus STATE ( GOVT OF NCT OF DELHI ) & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. Mr. Harsh Vardhan Sharma, Mr. Neeraj Kumar, Mr. Harsh Saini, Mr. Ashutosh Kumar Pandey, Advocates for R-2.
Through: Petitioner-in-person
versus
STATE ( GOVT OF NCT OF DELHI ) & ANR. .....Respondents
Page 1 of 4
CRL.REV.P. 2/2022 etc.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:36:17
Through: Mr. Shoaib Haider, APP for the State. Mr. Harsh Vardhan Sharma, Mr. Neeraj Kumar, Mr. Harsh Saini, Mr. Ashutosh Kumar Pandey, Advocates for R-2.
versus STATE ( GOVT OF NCT OF DELHI ) & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. Mr. Harsh Vardhan Sharma, Mr. Neeraj Kumar, Mr. Harsh Saini, Mr. Ashutosh Kumar Pandey, Advocates for R-2.
versus STATE ( GOVT OF NCT OF DELHI ) & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. Mr. Harsh Vardhan Sharma, Mr. Neeraj Kumar, Mr. Harsh Saini, Mr. Ashutosh Kumar Pandey, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
Page 2 of 4
CRL.REV.P. 2/2022 etc.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:36:17
dated 10.12.2021 passed by the learned Principal District & Sessions Judge, Patiala House Courts, New Delhi upholding the Judgment dated 02.03.2020 and the Order on Sentence dated 06.03.2020 passed by the learned Metropolitan Magistrate convicting the Petitioner for offences punishable under Section 138 of the N.I. Act and sentenced the Petitioner to undergo imprisonment till the rising of the court with fine of Rs.50,000/- per cheque. 2. Material on record shows that the Petitioner had issued five cheques, which were dishonoured and complaint cases were filed for the offences under Section 138 of the N.I. Act, details of which are reproduced as under:-
Page 3 of 4
CRL.REV.P. 2/2022 etc.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:36:17
already paid by the Petitioner.
any.
SUBRAMONIUM PRASAD, J
AUGUST 20, 2024 hsk
Page 4 of 4
CRL.REV.P. 2/2022 etc.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:36:17
1 issue framed by the court
Whether the sentence for conviction under Section 138 N.I. Act can be reduced given that amounts already paid exceed the total cheque amount and imprisonment till rising of court has been suffered.
1 provisions across 1 enactments
Dhruv Varma
State (Govt of NCT of Delhi)
Respondent No.2
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
