Delhi District Court
Ibrahim Ali vs Nazar Mohd. ... on 13 January, 2020
IN THE COURT OF SH. ASHOK KUMAR, ADDITIIONAL CHIEF METROPOLITAN MAGISTRATE NORTH, ROHINI, DELHI CC No. 5218/2016 U/S 138 NI Act Ibrahim Ali, .......................Complainant Versus Nazar Mohd. .........................Accused.
ORDER ON POINT OF SENTENCE Present: Complainant in person with Ld. Counsel.
Convict in person with Ld. Counsel.
Vide separate judgement of dated 08.01.2020 the accused has been convicted for commission of offence u/s 138 of N.I. Act for nonpayment of cheque amounting to Rs. 2,50,000/.
It is stated by the Counsel for convict that convict is aged about 62, Retired Army Official, having responsibility to support his wife. It is further stated that a lenient view may be taken against the convict while imposing the sentence and convict be not sentenced to imprisonment. Counsel for convict submits that convict is not a previous convict in any offence.
In view of the fact that the matter is pending since year 2009 and is more than 10 years old and keeping in view the fact that the cases u/s 138 NI Act are unduly clogging the dockets of the courts leading to docket explosion and extraction of judicial time which could have been given to other cases and on the C.C. No. 5218/2016 Page1of 2 other hand due to the dishonest issuance of cheque, the same is eroding of credibility of such instruments, this court does not deem it necessary to extend the benefit of Probation of Offender Act to the accused.
In view of the facts and circumstances the convict is directed to undergo one year simple imprisonment and to pay fine of Rs. 5,00,000/ (i.e. the double of the cheque amount )and in default of payment of the same, the convict shall suffer simple imprisonment for 3 months for offence punishable u/s 138 NI Act. The complainant also agrees that the quantum of punishment will meet the ends of justice in this case. Since the complainant has suffered lot of harassment and has had to launch and sustain prosecution for a long period by denial of legally recoverable amount due to him, hence the aforesaid amount be paid as recompense to him. Copy of judgment and order on sentence be given to the convict free of cost.
ASHOK Digitally signed by
ASHOK KUMAR
KUMAR Date: 2020.01.13
14:56:02 +0530
Announced in the open (ASHOK KUMAR)
court on 13.01.2020 ACMM/NORTH/ROHINI/DELHI
C.C. No. 5218/2016 Page2of 2