DIBYENDU BISWAS vs GREEN AGREVOLUTION PVT LTD

Judgment text excerpt

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12th March, 2026 + CRL.M.C. 1796/2026 & CRL.M.A. 7398/2026 & CRL.M.A. 7399/2026 DIBYENDU BISWAS .....Petitioner Through: Mr. Manu Beri, Mr. Varun Varma, Mr. Arjun Kumar Jha, Ms. Susmita Singh and Mr. Raunek Raheja, [ Advocates. versus GREEN AGREVOLUTION PVT LTD .....Respondent Through: Ms. Akanksha Sisodia, Advocate (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein has been held guilty for commission of offence under Section 138 of Negotiable Instruments Act, 1881 (NI Act) and vide order dated 18.08.2025, he has been sentenced to undergo Simple Imprisonment (SI) for a period of three months with direction to pay fine equivalent to Rs.24 lacs, which is to be paid to complainant as compensation. 2. Feeling aggrieved by the order of conviction and order on sentence, an appeal was preferred which was registered as Criminal Appeal No.346/2025. 3. While lodging such appeal, the appellant i.e. petitioner herein also filed an application under Section 391 of the Code of Criminal Procedure, 1973 (Cr.P.C), (corresponding Section 432 BNSS) seeking permission to lead additional evidence with direction to respondent to produce his complete bank account statements for the relevant period, while asserting that these Signature Not Verified Signed By:SONIA CRL.M.C. 1796/2026 1 THAPLIYAL Signing Date:17.03.2026 11:11:51 documents were vital in nature and directly impacted the existence of ‘legally enforceable debt’. 4. His such application has been dismissed by the learned First Appellate Court vide order dated 17.02.2026. 5. Such order is under challenge. 6. The complaint in question was filed way back in the year 2022 and as per the complainant, the total outstanding agains