SH SURESH KUMAR vs SH KULDEEP SINGH

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 11, 2025 + CRL.REV.P.(NI) 110/2025 SH SURESH KUMAR .....Petitioner Through: Mr. Pradeep Kumar, Adv. (through VC) versus SH KULDEEP SINGH .....Respondent Through: Ms. Gurpreet Kaur, Adv. (through VC) CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present petition is filed against the judgment dated 27.03.2025 (hereafter ‘impugned judgment’) passed by the learned Additional Sessions Judge (‘ASJ’), West District, Tis Hazari Courts, Delhi in Cr. Appeal No. 260/2023. 2. By the judgment of conviction dated 04.07.2023 passed by the learned Metropolitan Magistrate, the petitioner was convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881('NI Act’). Further, by the order on sentence dated 10.07.2023 passed by the learned MM, the petitioner was directed to undergo imprisonment for a period of one month and was directed to pay a fine of ₹5,00,000/- and in default of payment of fine to further undergo imprisonment for a period of one month. 3. By the impugned judgment, the learned ASJ upheld the judgment of conviction dated 04.07.2023, and partly modified the Signature Not Verified Signed By:HARMINDER KAUR Signing Date:15.12.2025 CRL.REV.P.(NI) 110/2025 Page 1 of 10 18:02:21 order on sentence dated 10.07.2023 thereby setting aside the one- month imprisonment of the petitioner. The payment of fine of ₹5,00,000/- was retained by the impugned judgment. 4. Succinctly stated, it is the case of the respondent/complainant that the petitioner had taken a friendly loan for a sum of ₹3,00,000/- on the pretext of the marriage of his two daughters which were to be solemnised on 22.11.2015. It is alleged that thereafter, despite repeated demands, the petitioner failed