SHYAM PAL Vs. DAYAWATI BESOYA & ANR.
SUPREME COURT OF INDIA
Dayawati Besoya And Anr.
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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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