SHYAM PAL Vs. DAYAWATI BESOYA & ANR.
LAWS(SC)-2016-10-52
SUPREME COURT OF INDIA
Decided on October 28,2016

Shyam Pal Appellant
VERSUS
Dayawati Besoya And Anr. Respondents

JUDGEMENT

AMITAVA ROY, J. - (1.) The instant appeals call in question the judgment and order dated 08.02.2016 passed by the High Court of Delhi in Criminal Revision Petition No.403 of 2015, sustaining the conviction of the appellant under Section 138 of the Negotiable Instruments Act, 1988 (hereafter referred to as the "Act") as recorded by the Trial Court and affirmed in appeal by the District and Sessions Judge, Saket Court, New Delhi. The High Court while maintaining the substantive sentence of simple imprisonment for 10 months and fine of Rs.6,50,000/- as compensation as awarded by the Trial Court, however has reduced the default sentence from six months simple imprisonment to that of three months. The order dated 22.02.2016 rendered by the High Court declining the prayer for modification of the above decision by directing the release of the appellant, he having already served the sentence in all being in custody from 25.02.2015 has been assailed in the present appeals as well.
(2.) We have heard Mr. Jayant K. Sud, learned counsel for the appellant. None appeared for the respondents.
(3.) The recorded facts divulge that the respondent No.1 had filed two complaints, both under Section 138 of the Act against the appellant in the Court of the Chief Metropolitan Magistrate (South East), Patiala House Court, New Delhi which were registered as C.C. No.407 of 2011 and C.C. No.430 of 2011 alleging that on 31.07.2008 the appellant had visited the residence of the complainant and had requested for a loan of Rs.5 lacs to meet his personal needs which he promised to return on 13.11.2009. On this, as the complaint reads, the respondent/complainant reminded him that she had already lent a sum of Rs.5 lacs to him on 01.05.2008 and that she had no funds to accede to his request for the second installment. However, having regard to the friendly relations, the respondent/complainant on the persuasion of the appellant, did advance a further amount of Rs.5 lacs to him as loan on that date, by somehow arranging the same. ;


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