SIMMI ANAND vs STATE & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 12.08.2025 + CRL.REV.P. 477/2024 SIMMI ANAND .....Petitioner Through: Mr. Ashok Kumar Garg, Mr. Sanjeev Kumar and Ms. Pooja, Advocates. versus STATE & ANR. .....Respondents Through: Mr. Rajkumar, APP for the State. Mr. Kshitij Goel, Mr. Rishav Sharma, Mr. Vishal Choubey, Advocates for R-2. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The present revision petition impugns the judgment dated 28.03.2024, passed by the learned Additional Sessions Judge-04, West District, Tis Hazari Courts, Delhi in case titled ‗Simmi Anand v. The State and Anr‘, whereby the judgment dated 26.06.2023 and order on sentence dated 10.07.2023, passed by the learned Metropolitan Magistrate, West District, Tis Hazari Courts, Delhi in Ct. Case No.1730/2017 was upheld. CRL.REV.P. 477/2024 Page 1 of 9 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:13.08.2025 17:07:31 2. The petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 [hereafter ‗NI Act‘] and was sentenced to undergo Simple Imprisonment for a period of three months and was directed to pay compensation of ₹4,44,000/- to the complainant, i.e. respondent no. 2 herein. 3. Briefly stated, the facts of the case are that a complaint had been filed before the learned Magistrate by the complainant, alleging therein that, since the complainant had friendly relations with the accused, in the first week of August 2014, the accused had requested a friendly loan of ₹3,00,000/- for a period of 24 months. Being a friend, the complainant had advanced a sum of ₹3,00,000/- to her. The accused, in discharge of her legally enforceable liability, had issued a cheque dated 1