Sh. Kishan Arora Vs Neeraj Bajaj — Cheque Dishonour | Delhi HC (2026)

Sh. Kishan Arora Vs Neeraj Bajaj — Cheque Dishonour | Delhi HC (2026)

What the court decided

AI extract

Outcome

Revision petition allowed; judgment dated 15.01.2026 of the learned ASJ and the Magistrate's judgment of conviction dated 23.01.2024 and sentencing order set aside; petitioner acquitted under section 138 NI Act; pending applications disposed of.

Issue for consideration

Whether the revision petition filed under sections 438 and 528 BNSS 2023 seeking setting-aside of the judgment dated 15.01.2026 of the learned ASJ (dismissing the appeal against the petitioner's section 138 NI Act conviction and sentence) should be allowed in view of the parties' settlement.

Court's answer

Considering the nature of the dispute and in view of the Compromise Deed dated 20.01.2026 signed between the parties, and in the interests of closure of the dispute on settlement, the present petition is allowed.

Ratio / Principle

Judgment dated 15.01.2026 passed by the learned ASJ, as well as the judgment of conviction dated 23.01.2024 and sentencing order passed by the learned Magistrate, are set aside (as printed in this passage, the sentencing order is dated 16.02.2024).

Key takeaways

The petitioner is acquitted of the offence under section 138 of the NI Act.ratio¶26

Detailed headnote1 paragraphs

CRL.REV.P.(NI) 31/2026 (Delhi High Court, Anup Jairam Bhambhani, J., order dated 09.02.2026): Revision petition under sections 438 and 528 BNSS 2023 by Sh. Kishan Arora against judgment dated 15.01.2026 of ASJ-07, Shahdara District, Karkardooma Courts, Delhi dismissing his appeal (CA No. 35/2024) against conviction dated 23.01.2024 and sentencing order dated 06.02.2024 in CT No. 116/18 for offence under section 138 NI Act — simple imprisonment 01 month, fine Rs.10,30,000/- with default sentence 03 months, plus appellate direction to pay 9% per annum interest on the cheque amount of Rs.10 lacs till realization. Parties settled vide Compromise Deed dated 20.01.2026 for Rs.10,50,000/- (Rs.5 lacs paid earlier; balance Rs.5,50,000/- paid by demand draft in court). Respondent did not oppose the prayer. High Court allowed the petition, set aside the ASJ judgment and the Magistrate's conviction judgment and sentencing order, and acquitted the petitioner under section 138 NI Act. Pending applications disposed of.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.REV.P.(NI) 31/2026 SH. KISHAN ARORA .....Petitioner Through: Mr. Anil Kr. Sharma with Mr. Narender Kumar and Mr. Vijay Kumar, Advocates. versus NEERAJ BAJAJ .....Respondent Through: Ms. Akanksha with Ms. Kartika and Ms. Sangeeta, Advocates.

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 09.02.2026

CRL.M.A. 4257/2026

Exemption granted, subject to just exceptions.

The application stands disposed of.

CRL.REV.P.(NI) 31/2026

CRL.M.A. 4256/2026 (stay)

By way of the present petition filed under section 438 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks setting-aside of judgment dated 15.01.2026 passed by the learned ASJ-07, Shahdara District, Karkardooma Courts, Delhi in appeal bearing CA No. 35/2024, whereby an appeal filed against judgment of conviction dated 23.01.2024 and sentencing order dated 06.02.2024 passed in case bearing CT No. 116/18 has been dismissed. 2. Vidé impugned judgment dated 23.01.2024 and sentencing order dated 06.02.2024, the petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act 1881 (‘NI Act’) and sentenced

CRL.REV.P.(NI) 31/2026

Page 1 of 3

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 13/02/2026 at 10:37:13

to simple imprisonment for 01 month alongwith fine of Rs.10,30,000/-, with a default sentence of 03 months. However, vidé judgment dated 15.01.2026, the learned ASJ has further directed the petitioner to pay interest at the rate of 9% per annum on the cheque amount of Rs.10 lacs from the date of the sentencing order till the date of realization of the said amount, in addition to the fine imposed.

Parties are stated to have settled the matter vidé Compromise Deed dated 20.01.2026 for a total sum of Rs.10,50,000/-. A copy of the compromise deed has been appended to the present petition.

Issue notice.

Learned counsel is present on behalf of the respondent on advance copy; and accepts notice.

Upon being queried, learned counsel for the respondent confirms that the parties have settled the matter amicably; and that a sum of Rs.5 lacs stands paid by the petitioner to the respondent earlier and the balance sum of Rs.5,50,000/- has been paid to the respondent by way of a demand draft in court today.

In the circumstances, learned counsel for the respondent submits, that they do not oppose the prayer made in the present revision petition.

Considering the nature of the dispute involved, and in view of Compromise Deed dated 20.01.2026 signed between the parties, and in the interests of closure of the dispute on settlement, the present petition is allowed.

Accordingly, judgment dated 15.01.2026 passed by the learned ASJ, as well as judgment of conviction dated 23.01.2024 and sentencing order dated 16.02.2024 passed by the learned Magistrate are set-aside.

CRL.REV.P.(NI) 31/2026

Page 2 of 3

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 13/02/2026 at 10:37:13

The petitioner is acquitted of the offence under section 138 of the NI Act.

Petition stands disposed-of.

Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J

FEBRUARY 9, 2026 ds

CRL.REV.P.(NI) 31/2026

Page 3 of 3

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 13/02/2026 at 10:37:13