Final Order 11

Order Details: COPY OF ORDER
Pdf Text: (RK) CA 111/2025
CA / 111/2025
JITENDER Vs. PRIYA SHARMA
PS-BHAJAN PURA
12.02.2026
Present: Appellant/complainant in person with proxy counsel
Sh. Madhav Khulbe.
Respondent/accused in person with counsel Sh. Manoj
Kumar.
Order on Sentence
1. Respondent Priya Sharma has been convicted for offence U/s
138 of N.I. Act by this court vide judgment dated 03.02.2026. Today,
during the course of arguments on the sentence, Ld. Proxy Counsel
has submitted that appellant had filed this case in year 2021. The trial
of the matter continued for about 4 years. During that period, the
appellant/complainant had to suffer a long harassment and financial
expenses for the litigation. Ld. Counsel has submitted that
respondent/accused be punished with such a sentence which may
serve as a sufficient compensation for the appellant/complainant and
also a suitable punishment for respondent/accused.
2. On the other hand, Ld. Counsel for the respondent/accused
has submitted that the respondent is 38 years of age. Although, she is
a married lady but her husband is residing separately. The
responsibility to raise 02 children who are 11 and 17 years of age
respectively is on the shoulders of the respondent/accused. However,
she does not have any regular source of income. She is trying to earn
her livelihood by working as a make-up assistant. She visits to the
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residences of her customers for her work. Ld. Counsel has submitted
that any harsh punishment imposed upon the respondent/accused shall
incidentally be a punishment for her innocent children also who are
completely dependent upon her. Ld. Counsel has thus prayed that a
lenient view be taken against the respondent/accused.
3. Submissions heard. Record has been perused.
4. The cheques in question were issued on August 2021. The
judgment was pronounced on 13.06.2025. The time gap between the
date of issuance of cheques and the date of acquittal suggests that the
appellant/complainant had to face a long legal battle of about 04 years
before the Ld. Trial Court and thereafter more than 06 months before
the Appellate Court to establish his case. Needless to say, the long
litigation would have exhausted the appellant/complainant mentally,
physically and financially. The Court, while passing an order on
sentence, has to consider the actual loss including financial, mental,
and physical suffered by the complainant/victim.
5. In case titled as
R. Vijayan Vs. Baby 2012 SC, the Hon'ble
Apex Court held that at the time of sentencing, the Court has to
uniformly exercise the power to impose fine up to twice the cheque
amount and to direct payment of such amount as compensation,
unless there are reasons to order otherwise.
6. In this case, considering the duration of the litigation, the
cheque amount, the antecedents, financial and social condition of the
respondent/accused, the respondent is hereby punished as under:-
I) Simple Imprisonment of 01 month and with a fine of Rs.
08,70,000/-. On default of payment of fine, the respondent/accused
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Priya Sharma shall further undergo Simple Imprisonment of 03
months.
II) The fine shall be paid to the appellant/complainant as a
compensation.
7. At this stage, Ld. Counsel for the respondent/accused has
moved an application U/s 430 BNSS (389 of Cr.P.C) with a prayer
that sentence imposed hereinabove be suspended as the
respondent/accused is willing to file an appeal. The application stands
allowed. The sentence imposed upon respondent/accused is hereby
suspended for 01 month subject to furnishing of personal bond in sum
of Rs. 20,000/- and one surety in like amount. Personal bonds and
surety bonds have been furnished and accepted.
8. The respondent/accused has been apprised about her right to
file an appeal.
9. Copy of this order be given dasti to the respondent/accused.
10. Appeal stands disposed of.
11. Appeal file be consigned to record room.
12. TCR be returned to the concerned court.
13. Directions are issued to the Ahlmad to put up the file after 01
month for the verification of filing of appeal by the respondent or
otherwise for execution of sentence.
14. Ordered accordingly.
Announced in the open court
on 12-02-2026
(Babru Bhan)
ASJ-04/North-East District
KKD/Delhi/12.02.2026
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