Final Order 11

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. BHARTI BENIWAL,
M.M.– 01, (N. I. ACT), DIGITAL COURT, PATIALA HOUSE COURT,
NEW DELHI.
CC No.4537-2023
Salman
S/o Sh. Abdul Hamid
R/o WZ-120B, Naraina Village,
New Delhi-110028.
......................................... Complainant
Versus
Satish Kumar Kataria
S/o Late Sh. Attar Singh
R/o WZ-179, Khampur,
West Patel Nagar, New Delhi-110008.
............................................Convict
ORDER ON SENTENCE
17.04.2025
AT 2.00 PM.
Present: Sh Deepak Garg, Ld. Counsel for complainant (VC).
Complainant in person.
Convict in person.
Arguments on the point of sentence heard.
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Ld. Counsel for the convict submits that the convict has never been
involved in any other criminal case. The transaction in question is a commercial
transaction and the compensation will serve the true ends of justice and imprisonment
like other criminal matters covered under Indian Penal Code should not be imposed.
That during the course of the trial, the matter was referred to mediation and pursuant to
the agreement, amount of Rs. 50,000/- was paid to the complainant. A prayer is made to
deduct the said amount from the compensation amount.
Per contra; counsel for complainant submitted that maximum
fine/compensation be awarded in this case as per Section 138 of NI Act.
The provisions relating to cheque under NI Act have been provided to
ensure faith of the public in negotiable instruments like cheque. Therefore, keeping in
view, the object of the act i.e. to discourage unscrupulous people from issuing cheque
without any intention to honour the same, this court is of the view that the punishment
imposed should be in consonance with the deterrent effect which the legislation intended
to achieve.
Considering the circumstances of this case, aggravating and mitigating
circumstances, nature of offence and also the conduct of the convict during trial, this
Court is of the considered opinion that interest of justice shall be met in this case by
sentencing the convict to pay fine equivalent to Rs 3,00,000/- (Rupees Three Lakhs
only) which shall be paid as compensation to the complainant under Section 357(1)(b)
of Code of Criminal Procedure, 1973, failing which the convict shall undergo Simple
Imprisonment of 1 month in default. The fine amount, if not paid in time, shall be
recoverable under the provisions of Section 421 r/w 431 Cr.P.C.
At this stage, Ld. counsel for the convict has expressed his wish to file an
appeal against the judgment and requests for grant of bail and suspension of sentence
under the provisions of Section 389(3) and Section 389 (1) Cr.P.C.
Application for the said purpose has moved and is taken on record.
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Ld. counsel for the convict is directed to furnish bail bonds in a sum of Rs.
30,000/- with one surety of like amount within 7 days from today.
Accordingly, the sentence is suspended for a period of 30 days for filing of
appeal before the appellate court.
Order explained in vernacular to convict. He is apprised that this order is an
appealable order and appeal lies with the Sessions Court within the prescribed period of
limitation.
Copy of this order be sent forthwith to both sides on e-mail.
Copy of this order is given to the convict against the receipt.
File be consigned to Record Room after due compliance.
(BHARTI BENIWAL)
Judicial Magistrate First Class (NI Act)
Digital Court-01, Patiala House Courts
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