WAZID ALI KHAN & ANR. vs OM PRAKASH GARG

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10th February, 2026 + CRL.REV.P. 88/2016 WAZID ALI KHAN & ANR. .....Petitioner Through: Mr. Nipun Joshi, Advocate. versus OM PRAKASH GARG .....Respondent Through: Mr. Anjul Sharma and Mr. Siddharth Bhardwaj, Advocates. CORAM: HON’BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are accused in a complaint filed under Section 138 of Negotiable Instruments Act, 1881. 2. The abovesaid complaint was allowed, whereby the petitioners were held guilty for committing offence under Section 138 vide judgment dated 05.10.2015 passed by the concerned Magisterial Court. The order on sentence was passed on 20.10.2015, whereby petitioner No.1 herein was sentenced to Simple Imprisonment (SI) for a period of six months and was directed to pay a fine of Rs.84,70,000/- as compensation to the complainant-Mr. Om Prakash Garg (respondent herein) under Section 357 (3) Cr.P.C. and in default of payment of such compensation, to undergo SI for further period of two months. 3. The abovesaid orders were assailed by the petitioners by filing an appeal before the Court of Sessions. Signature Not Verified Signed By:SONIA CRL.REV.P. 88/2016 1 THAPLIYAL Signing Date:11.02.2026 15:21:35 4. Such appeal was registered as Criminal Appeal No.37/2015 and even such appeal was dismissed by the learned Court of Sessions on 25.01.2016, with no change in the order on sentence. 5. Petitioner No.1 i.e. Mr. Wazid Ali Khan, was directed to be taken in custody so that he serves the sentence of imprisonment, as imposed upon him. 6. Feeling aggrieved, the present petition has been filed. 7. During the pendency of the present petition, the sentence of petitioner No.1 was suspended, after he had already undergone sentence for a period of one