$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1339/2025 SUBHASH ARYA .....Petitioner Through: Mr. Gurpreet Singh, Mr. Sayma Feroz, Ms. Rukban Tyagi with Pairokar Ms. Komal Arya versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Hitesh Vali, APP for the State R-2, Mr. Hirendra Singh is also present through VC CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 28.05.2025 1. This petition has been filed under Section 528 BNSS to set aside the order dated 22.04.2024 in Criminal Appeal No. 197/2022, titled as “Subhash Arya Vs. Harendra Singh” passed by the learned Sessions Court and the Order of Sentence dated 12.07.2022 and Judgment of Conviction dated 03.06.2022 in CC No. 3574/2016, titled as “Harendra Singh Vs. Emu Focus 2 Future Marketing Company Pvt. Ltd. & Anr.”, passed by the learned Metropolitan Magistrate. 2. Vide judgment dated 03.06.2022, petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881 [“NI Act”] and vide order dated 12.07.2022, he has been sentenced with 3 months Simple Imprisonment and further directed to pay a fine of Rs. 2 lakhs, out of which, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2025 at 12:36:32 the entire amount was to be paid as compensation to the complainant as per Section 143(1) (Proviso) NI Act read with Section 357(1)(3) Cr. PC, with further direction that such compensation shall be paid within 1 month and in case of default, convict shall undergo Simple Imprisonment for a period of 5 months. 3. Petitioner preferred an appeal against the aforesaid judgment and order before the Sessions Court. Learned Sessions Court sustained the conviction under Section 138 NI Act vide judgment dated 22.04.2024, but modified the sentence to the extent that petitioner shall pay the fine equivalent to the cheque amount along with interest at the rate of 9% per annum from the date of the complaint till its realization. 4. Mr. Gurpreet Singh, learned counsel for the petitioner submits that petitioner does not want to press his challenge to the Judgment of Conviction returned by the trial court and sustained by the First Appellate Court. He confines his challenge only to the Quantum of Sentence. Petitioner has already filed his affidavit, stating that he is not contesting the Judgment of Conviction dated 03.06.2022 and also not challenging/contesting the Judgment of Appeal dated 22.04.2024, which upheld his conviction and confines his challenge to the Quantum of Sentence. 5. Leaned counsel states that the matter has been amicably settled between the parties and in terms of the settlement, petitioner has made the payment of compensation as awarded by the learned trial court to the complainant. 6. Complainant, who appears through V/C, confirms having received the compensation amount. He states that he has no objection in case a lenient This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2025 at 12:36:32 view is taken by setting aside the substantive sentence of imprisonment. 7. Since the petitioner is not contesting his conviction on merits, petition insofar as it challenges the Judgment of Conviction dated 13.06.2022 and the order dated 22.04.2024 passed in Criminal Appeal No. 197/2022, is dismissed. However, keeping in view the admitted fact that petitioner has made payment of compensation to the complainant and taking note of No Objection given by the complainant as also the fact that offence under Section 138 NI Act is compoundable, I am of the view that interest of justice would be duly served in case a lenient view is taken. I, accordingly, deem it appropriate to modify the sentence awarded by the trial court and First Appellate Court. The order of sentence to the extent it imposes Simple Imprisonment for 5 months, is set aside. 8. Copy of this order be sent to Superintendent Jail for information and compliance. 9. Petition is disposed of accordingly. RAVINDER DUDEJA, J. MAY 28, 2025 RM This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2025 at 12:36:32