Deepak Verma @ Mahesh Kumar vs Pradeep Kumar Jain on 14 March, 2023

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Delhi High Court - Orders

Deepak Verma @ Mahesh Kumar vs Pradeep Kumar Jain on 14 March, 2023

Bench: Anup Jairam Bhambhani

                          $~62
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.REV.P. 251/2023
                                 DEEPAK VERMA @ MAHESH KUMAR                           ..... Petitioner
                                                    Through:     Mr. Yogesh Swaroop and Mr. Manoj
                                                                 Sharma, Advocates.
                                                    versus
                                 PRADEEP KUMAR JAIN                                   ..... Respondent
                                                    Through:
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 14.03.2023 CRL.M.A. No. 6472/2023, CRL.M.A. No. 6473/2023 (Exemptions) Exemptions granted, subject to just exceptions. Let requisite compliances be made within 01 week. The applications stand disposed of.

CRL.REV.P. 251/2023

By way of the present petition filed under sections 397/401 of the Code of Criminal Procedure 1973, the petitioner seeks setting- aside of order dated 14.02.2023 made by the learned Additional Sessions Judge-02 (NE) Karkardooma Courts, Delhi ('ASJ') in Criminal Appeal No. 82/2022, whereby the learned ASJ has upheld the judgment of conviction dated 09.09.2022 and sentencing order dated 07.10.2022 made by the learned Metropolitan Magistrate in CC No. 841/2015 under section 138 of the Negotiable Instruments Act, 1881 ('NI' Act).

Signature Not Verified Digitally Signed CRL.REV.P. 251/2023 Page 1 of 3 By:NEERAJ Signing Date:16.03.2023 14:57:37

2. The petitioner was accused in the said case and has been sentenced to simple imprisonment for 01 year alongwith a fine of Rs. 4.70 lacs by the learned Metropolitan Magistrate; Rs. 4.50 lacs being payable as compensation to the respondent/complainant and Rs.20,000/- as fine imposed.

3. Mr. Yogesh Swaroop, learned counsel for the petitioner submits, that the principal grounds of challenge raised by way of the present petition are the following:

3.1. That the amount of Rs.2,70,000/- appearing on the cheque in question was evidently not filled-in by the petitioner, since the amount filled-in exceeds the maximum amount for which the cheque could be drawn as per the narration on the cheque which stipulates that the cheque would be "VALID FOR RS. 50,000 & UNDER";

3.2. That the statutory notice dated 13.01.2014 purportedly issued to the petitioner under section 138 NI Act, was dispatched only on 16.01.2014, which was beyond the 30-day period from the date of dishonour of the cheque which happened (last) on 17.12.2013.

Counsel has drawn the attention of this court to the date on the statutory notice; to the date of dispatch of the notice as evidenced by the speed-post receipts in respect thereof; and to the cheque- return memo, copies of which have been annexed with the petition.

4. Upon a prima-facie view of the matter, issue notice.

Signature Not Verified Digitally Signed CRL.REV.P. 251/2023 Page 2 of 3 By:NEERAJ Signing Date:16.03.2023 14:57:37

5. Upon the petitioner taking requisite steps, let notice be sent to the respondent by all permissible modes, returnable for the next date.

6. Let the notice indicate that reply to the petition be filed within 06 weeks of service; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.

7. Re-notify on 20th July 2023.

CRL.M.(BAIL) 350/2023 (suspension of sentence)

8. Counsel for the petitioner submits that the petitioner has already deposited the sum of Rs.94,000/- before the learned ASJ at the stage of hearing of the appeal.

9. Counsel submits that the petitioner was remanded by the learned ASJ to custody on 08.02.2023.

10. In view of the averments contained in the petition and the submissions made it is directed that the sentence imposed on the petitioner vide sentencing order dated 07.10.2022 shall remain stayed during the pendency of the present petition; and the petitioner shall be released from custody forthwith upon receipt of a copy of this order.

11. The application is disposed of accordingly.

12. Order be given dasti under signatures of the Court Master.

13. A copy of this order be also communicated to the concerned Jail Superintendent forthwith.

ANUP JAIRAM BHAMBHANI, J MARCH 14, 2023/uj Signature Not Verified Digitally Signed CRL.REV.P. 251/2023 Page 3 of 3 By:NEERAJ Signing Date:16.03.2023 14:57:37

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Delhi High Court - Orders