ALKA KAUSHAL vs GULSHAN ARORA

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 01.04.2025 + CRL.REV.P. 85/2023, CRL.M.A. 23745/2023 & CRL.M.(BAIL) 145/2023 ALKA KAUSHAL .....Petitioner versus GULSHAN ARORA ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr. Madhav Khurana, Mr. Nishank Mattoo, Mr. Rishabh Munjal, Mr. Ishan K. Dubey, Ms. Shaurya Singh & Ms. Sanjivani, Advocates. For the Respondent : Mr. Alok Kumar Pandey & Ms. Riya Sachdeva, Advocates. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed, inter alia, challenging the judgment dated 21.01.2023 (hereafter ‘impugned judgment’), passed by the learned Additional Sessions Judge, Patiala House Courts, New Delhi, in Criminal Appeal No. 136/2020. Signature Not Verified Signed By:HARMINDER KAUR CRL.REV.P. 85/2023 Page 1 of 23 Signing Date:08.04.2025 15:09:05 2. By the impugned judgment, the learned Appellate Court upheld the judgment dated 06.10.2020 and order on sentence dated 28.10.2020, passed by the learned Trial Court, in CC No. 54753/2016, whereby the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’) and sentenced to undergo simple imprisonment for a period of two years and to pay a fine of ₹30 lakhs, and in default of payment of fine, to further undergo simple imprisonment for a period of six months. 3. The brief facts leading to filing of the present petition are as follows: 3.1. The complaint was instituted by the respondent due to dishonour of a cheque drawn by the petitioner for a sum of ₹15,00,000/-. It was alleged that the respondent/ complainant had known the petitioner since a long time and he had provided her with financial assistance for investments in TV serials and film projects, on the basis of ass