MOHD UMAR vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 01.11.2025 + CRL.A. 90/2025 MOHD UMAR .....Appellant Through: Mr. Alok Tripathi, Mr. Amitosh Chaturvedi and Mr. Saurabh Mishra, Advocates. versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. Hitesh Vali, APP for State Mr. Jitendra Bakshi, Advocate for respondent no.2 (through VC). CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) CRL.A. 90/2025 and CRL.M.A. 28731/2025 (Seeking direction to adjust the amount paid by applicant in civil suit against the fine imposed by court in proceedings U/s 138 NI Act by Appellant) 1. The subject appeal has been preferred seeking to challenge the Judgment and Order dated 25.08.2022 passed by the learned ASJ, Karkardooma Courts, Delhi in CR. No. 39/2021 titled as Asad Raza v. U.S. Handicrafts and Another in proceedings initiated under Section 138 of NI Act. 2. By way of captioned application, the applicant/appellant seeks the following reliefs:- a. Adjust the amount of Rs. 33,10,000/- {Thirty Three Lakh Ten Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 90/2025 Page 1 of 7 Signing Date:01.11.2025 22:16:01 Thousand only) paid by the applicant in the civil suit against the amount of fine imposed by the Court in criminal proceeding under Section 138 NI Act, pertaining to the same cheques and same transactions; b. Proportionately adjust the amount of Rs. 33,10,000/- (Thirty Three Lakh Ten Thousand only) in the default sentence of the Applicant; 3. Notably, the applicant was convicted by the Trial Court in Criminal Complaint No. 56308/2016 under Section 138 of the NI Act vide judgement dated 23.12.2020. He was sentenced with 2 months of simple imprisonment and was further directed to pay a compensation of Rs.1,50,00,000/- within 30