SATISH CHAND SHARMA vs MUKESH KUMAR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 21.07.2025 + CRL.REV.P. 310/2024 & CRL.M.(BAIL) 396/2024 SATISH CHAND SHARMA .....Petitioner Through: Mr. Manish Gupta, Advocate versus MUKESH KUMAR .....Respondent Through: Mr. M.A. Chaudhary, Mr. Vivek Dixit, Mr. Shehzad Khan and Mr. Salimuddin, Advocates CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. By way of the present petition, the petitioner seeks setting aside of the judgment dated 22.01.2024 passed by learned Additional Sessions Judge, Patiala House Courts, Delhi whereby appeal preferred by the petitioner against the judgment of conviction dated 01.07.2023 and order on sentence dated 03.07.2023 passed by learned Metropolitan Magistrate (NI Act), Rouse Avenue Courts, Delhi, was dismissed. 2. Briefly stated, the facts of the present case are that the complainant had filed a complaint under Section 138 of the NI Act, CRL.REV.P. 310/2024 Page 1 of 9 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:24.07.2025 18:15:03 alleging therein that he had been acquainted with the respondent and had shared a friendly relationship with him. The accused had approached the complainant and had taken a friendly loan of ₹4,00,000. Thereafter, the accused had become irregular in repaying the loan amount and, after repeated requests, had issued two cheques of ₹1,00,000 each towards the discharge of his liability. However, upon presentation, both cheques had been returned dishonoured vide return memo dated 30.12.2017 with the remarks ―funds insufficient." Subsequently, a legal notice had been served upon the accused on 17.01.2018, demanding payment of the cheque amount. Despite service of the said notice, the accused had failed to make the payment. On t