RAMESH KUMAR SISODIA vs PARVESH DABAS

Judgment text excerpt

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:13th August, 2025 + CRL.REV.P.(NI) 174/2025, CRL.M.A. 23825/2025, CRL.M.(BAIL) 1731/2025 (for Suspension of Sentence) RAMESH KUMAR SISODIA S/o Sh. Balbir Singh Sisodia .....Petitioner Through: Mr. Sandeep Mishra, Advocate. versus PARVESH DABAS S/o Sh. Inderjeet Singh .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. Criminal Revision Petition under Section 438 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of the Petitioner, Ramesh Kumar Sisodia (Convict) to challenge the Order dated 22.07.2025 of learned ASJ, Rohini Courts, who has upheld his Conviction dated 20.05.2023 and the Order on Sentence dated 12.12.2023 of the learned Metropolitan Magistrate, Delhi, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘N.I. Act’). 2. Briefly stated, the Respondent/Parvesh Dabas (the Complainant) had filed a Complaint under Section 138 of N.I. Act wherein it was asserted that he had given a friendly loan of Rs.4,00,000/- in cash on 10.03.2015 to the Signature Not Verified CRL.REV.P.(NI) 174/2025 Page 1 of 10 Signed By:RITA SHARMA Signing Date:18.08.2025 17:49:33 Petitioner/Ramesh Kumar Sisodia (the Convict/Accused), on the assurance that the amount shall be returned by the Petitioner, in three months. 3. In order to secure the loan amount, a post-dated Cheque bearing No.814272 dated 10.06.2016 for Rs.4,00,000/- and also a Promissory Note, were executed by the Petitioner. The cheque, however, on presentation, was dishonoured for “Funds Insufficient” vide Bank Return Memo dated 23.07.2015. Legal Notice dated 13.08.2015 was served, despite whi