Sh. Rajpal Naurang Yadav & Anr vs M/S. Murli Projects Pvt. Ltd & Anr on 10 July, 2026

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    Delhi High Court

    Sh. Rajpal Naurang Yadav & Anr vs M/S. Murli Projects Pvt. Ltd & Anr on 10 July, 2026

    Author: Swarana Kanta Sharma

    Bench: Swarana Kanta Sharma

                              $~
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              %                                           Judgment reserved on: 02.04.2026
                                                                       Judgment pronounced on: 10.07.2026
                                                                         Judgment uploaded on: 10.07.2026
                              +      CRL.M.C. 4870/2024 & CRL.M.A. 18570/2024, CRL.M.A.
                                     31260/2025 & CRL.M.(BAIL) 338/2026
                              +      CRL.M.C. 4871/2024 & CRL.M.A. 18573/2024
                              +      CRL.M.C. 4872/2024 & CRL.M.A. 18576/2024
                              +      CRL.M.C. 4882/2024 & CRL.M.A. 18614/2024
                              +      CRL.M.C. 4873/2024 & CRL.M.A. 18579/2024
                              +      CRL.M.C. 4883/2024 & CRL.M.A. 18617/2024
                              +      CRL.REV.P.799/2024,CRL.M.A.18632/2024 & CRL.M.A.
                                     18635/2024
                              +      CRL.M.C. 4876/2024 & CRL.M.A. 18588/2024
                              +      CRL.M.C. 4878/2024 & CRL.M.A. 18602/2024
                              +      CRL.M.C. 4886/2024 & CRL.M.A. 18630/2024
                              +      CRL.REV.P. 798/2024 & CRL.M.A. 18625/2024,
                                     CRL.M.A. 18628/2024 & CRL.M.A. 11121/2025
                              +      CRL.M.C. 4879/2024 & CRL.M.A. 18605/2024
                              +      CRL.M.C. 4880/2024 & CRL.M.A. 18608/2024
                              +      CRL.M.C. 4881/2024 & CRL.M.A. 18611/2024
                              +      CRL.M.C.4884/2024 & CRL.M.A. 18620/2024
                              +      CRL.M.C. 4885/2024 & CRL.M.A. 18623/2024
                              +      CRL.REV.P. 797/2024, CRL.M.A. 18593/2024 &
                                     CRL.M.A. 18596/2024
                              +      CRL.REV.P. 800/2024, CRL.M.A. 18636/2024 &
                                     CRL.M.A. 18639/2024
                              +      CRL.REV.P. 801/2024, CRL.M.A. 18640/2024, CRL.M.A.
                                     18643/2024
                              +      CRL.REV.P. 802/2024, CRL.M.A. 18644/2024, CRL.M.A.
                                     18647/2024
                              +      CRL.REV.P. 803/2024, CRL.M.A. 18648/2024, CRL.M.A.
                                     18651/2024
    
    
    
    
    Signature Not Verified
                              CRL.M.C. 4870/2024 & connected matters                           Page 1 of 108
    Digitally Signed
    By:ZEENAT PRAVEEN
    Signing Date:10.07.2026
    15:43:18
                                        SH. RAJPAL NAURANG YADAV & ANR.                                                         .....Petitioners
                                                                         Through:               Mr. Saurabh Trivedi, Mr.
                                                                                                Bhaskar     Upadhaya,    Mr.
                                                                                                Kautilya Kumar Singh and Mr.
                                                                                                Surya Pratap Singh, Advocates
                                                                         versus
    
                                       M/S. MURLI PROJECTS PVT. LTD & ANR. .....Respondents
                                                                         Through:               Mr. Avneet Singh Sikka and
                                                                                                Mr. S.K. Sharma, Advocates
                                                                                                for R-1.
                                                                                                Mr. Naresh Kumar Chahar,
                                                                                                APP for the State
    
                              CORAM:
                              HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
                                                                         JUDGMENT
    

    Index to the Judgment
    FACTUAL BACKGROUND ………………………………………………………… 3
    A. Agreements between the Complainant and the Convicts…………………… 3
    B. Civil & Criminal Proceedings Instituted by the Complainant…………… 19
    C. The Present Proceedings …………………………………………………………………. 50
    SUBMISSIONS BEFORE THE COURT …………………………………….. 50
    A. On Behalf of the Petitioners/Convicts ……………………………………………. 50
    B. On Behalf of the Complainant/Respondent No. 1 …………………………. 58
    ANALYSIS & FINDINGS ………………………………………………………….. 64
    A. Criminal Revision Petitions challenging the Judgment of
    Conviction dated 13.04.2018 and 21.01.2019 ………………………………………. 66

    (i) Revision Petitions filed before Sessions Court……………………………… 67

    SPONSORED

    (ii) Writ Petition No. 360/2022 filed before this Court ……………………. 70

    (iii) Whether ‘sufficient cause’ has been demonstrated by the
    petitioner?…………………………………………………………………………………………. 73

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    (iv) The Conduct of Petitioner no. 1 before this Court …………………….. 79

    (v) Conclusion ……………………………………………………………………………….. 83
    B. Criminal Miscellaneous Petitions challenging the Judgment
    dated 29.05.2024 and for Quashing of Complaint Cases …………………. 84

    (i) Whether the Complaint Cases under Section 138 of NI Act deserve
    to be quashed? ………………………………………………………………………………….. 85

    (ii) Whether there is any infirmity in the impugned judgment dated
    29.05.2024?……………………………………………………………………………………….. 95

    (iii) Conclusion ……………………………………………………………………………….105
    C. Final Order …………………………………………………………………………………..107

    DR. SWARANA KANTA SHARMA, J

    1. The present batch of twenty-one petitions emanates from seven
    complaints instituted under Section 138 of the Negotiable
    Instruments Act, 1881 [hereafter ‗NI Act‘] wherein the petitioners
    stand convicted and sentenced. As the petitions arise from a common
    factual matrix and raise identical issues, they are being adjudicated
    and disposed of by this common judgment.

    FACTUAL BACKGROUND

    A. Agreements between the Complainant and the Convicts

    2. The brief facts of the case, as borne out from the record and
    the petitions, are that in the year 2010, the CEO of the complainant
    company, namely M/s Murli Projects Private Limited, had
    approached petitioner no. 1, Rajpal Yadav, on behalf of M/s Shree
    Naurang Godavari Entertainment Limited, as both belonged to the
    same district in Uttar Pradesh. It is the case of the petitioners that the
    complainant had expressed his desire to finance a film titled ‗Ata

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    Pata Lapata’ [hereafter ‗the Film’], which was being produced by
    M/s Shree Naurang Godavari Entertainment Limited and was then
    nearing completion. According to the petitioners, the complainant
    company, through its CEO, Shri Madho Gopal Aggarwal, invested a
    sum of ₹5,00,00,000/- in the Film as one of its financiers and, in
    return, sought a profit of ₹3,00,00,000/-, to which M/s Shree Naurang
    Godavari Entertainment Limited had agreed. It is further the case of
    the petitioners that, following the aforesaid investment, the
    complainant company got M/s Shree Naurang Godavari
    Entertainment Limited to execute a written agreement dated
    30.05.2010, stipulating repayment of a total amount of ₹8,00,00,000/-
    , inclusive of ₹3,00,00,000/- towards profit, within ten months, i.e. by
    30.03.2011, contingent upon the release of the Film. The agreement
    was executed by M/s Shree Naurang Godavari Entertainment
    Limited, while petitioner no. 1, Rajpal Naurang Yadav, and petitioner
    no. 2, Radha Rajpal Yadav, signed the same as guarantors. The
    petitioners contend that, although the agreement was essentially an
    investment agreement, it was inadvertently or deliberately titled as an
    ‗Inter Corporate Loan Agreement’ by the complainant. A copy of the
    principal agreement dated 30.05.2010 is extracted hereunder:

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    3. Further, owing to unforeseen delays in the release of the Film,
    it is stated that the parties extended the deadline for repayment from

    31.03.2011 to 31.12.2011 and revised the amount payable to
    ₹9,38,06,332/- by way of a First Supplementary Agreement dated
    21.09.2011. The said agreement is extracted hereunder:

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    4. It is the case of the petitioners that further delays necessitated
    the execution of a Second Supplementary Agreement dated
    04.04.2012, whereby the repayment deadline was extended to
    30.09.2012 and the amount payable was revised to ₹10,72,52,745/-.

    A copy of the Second Supplementary Agreement dated 04.04.2012 is
    extracted hereunder:

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    5. The petitioners further state that, owing to continued delays,
    the parties entered into a Third Supplementary Agreement dated
    09.08.2012, whereby the repayment deadline was further extended to
    28.02.2013 and the amount payable was revised to ₹11,10,60,350/-.

    According to the petitioners, petitioner no. 2, as a signatory of M/s
    Shree Naurang Godavari Entertainment Limited, had issued 08 post-
    dated cheques as security. It is their case that the release of the Film
    was a pre-condition for payment of any amount by M/s Shree
    Naurang Godavari Entertainment Limited to the complainant
    company and, therefore, any legal liability in respect of the said
    amount could have arisen only after the release of the Film and not
    prior thereto.

    6. It is also the case of the petitioners that the aforesaid security
    cheques were to be returned by the complainant company to M/s

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    Shree Naurang Godavari Entertainment Limited upon payment being
    made and were never intended to be presented or encashed. The
    petitioners further state that 07 out of the 08 cheques issued pursuant
    to the Third Supplementary Agreement are the cheques in question
    and form the subject matter of the present complaints under Section
    138
    of the NI Act. A copy of the Third and final Supplementary
    Agreement dated 09.08.2012 executed between the parties is
    extracted hereunder:

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    B. Civil & Criminal Proceedings Instituted by the
    Complainant

    7. The petitioners further allege that the Film was ready for
    release by September/October, 2012 and that its music album had
    already been launched in Mumbai, with the release of the Film
    scheduled for 12.10.2012. According to the petitioners, instead of
    assisting M/s Shree Naurang Godavari Entertainment Limited in
    ensuring the successful release and promotion of the Film so that it
    could generate revenue, the complainant company, even before the
    due date for repayment, i.e. 28.02.2013, instituted a civil suit, being
    CS(OS) No. 3037/2012, before this Court. The suit was initially filed
    as a suit for injunction and was subsequently amended into a suit for
    recovery of the amount claimed under the Third Supplementary

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    Agreement, which, according to the petitioners, was in breach of the
    terms of the said agreement dated 09.08.2012. The petitioners further
    state that, on 03.10.2012, learned counsel appearing for the
    complainant company had submitted before this Court in the
    aforesaid suit that the plaintiff would amend the plaint to seek
    recovery of the amount alleged to be due from the present petitioners
    and would deposit the requisite court fee within two working days.

    At that stage, the Film was scheduled to be released on 12.10.2012.
    Based on the aforesaid submissions, this Court directed the present
    petitioners, who were defendants in the said suit, not to create any
    third-party interest in the negative prints of the Film. They were also
    restrained from assigning the music, audio and video rights,
    including CD/DVD/Internet rights, satellite rights, channel rights and
    export/international rights, to any person without prior permission of
    the Court until further orders. The order dated 03.10.2012 passed by
    this Court in the aforesaid suit is extracted hereunder:

    ―The learned counsel for the plaintiff states that the plaintiff would
    amend the plaint so as to claim recovery of the amount which it
    claims to be due to it from the defendants and would pay the
    requisite court fee to the same within two working days. The case of
    the plaintiff is that under the Agreement between the parties, the
    defendants had agreed to secure the money paid to them by the
    plaintiff by creating a lien on the negative of the film ‗Ata Pata
    Laapata’ and they had also agreed to assign the music audio and
    video rights, CD/DVI/Internet rights, satellite rights, channel rights,
    export/international rights to the plaintiff as a security for repayment
    of the loan taken from it. The learned counsel appearing for the
    plaintiff further states that the movie is scheduled to be released on
    12th October, 2012.

    Be issued summons in the suit and notice of the application to the
    defendants for 11th October, 2012.

    In the meantime, the defendants shall not create any third party
    interest in the negative prints of the film ‗Ata Pata Laapata’ and shall

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    not assign music audio and video rights, CD/DVI/Internet rights,
    satellite rights, channel rights, export/international rights to anyone
    without prior permission of the Court, till further orders. This order
    will operate from the time it is served upon defendants along with
    suit summons and notice of the application. The plaintiff is directed
    to take dasti process and get the defendants served at its own
    responsibility within one week. The Registry is directed to give dasti
    process to the plaintiffs within two working days.
    The plaintiff is directed to comply with provisions of Order 39 Rule
    3 of CPC
    within 24 hours. Dasti…‖

    8. It is the case of the petitioners that, in the meantime, during the
    pendency of the aforesaid suit before this Court, the complainant
    company, in January-February, 2013, presented all the security
    cheques for encashment without informing the petitioners and
    without obtaining leave of this Court. Thereafter, seven separate
    complaints under Section 138 of the NI Act came to be filed by the
    complainant company against M/s Shree Naurang Godavari
    Entertainment Limited and the present petitioners before the learned
    Additional Chief Metropolitan Magistrate (East), Karkardooma
    Courts, Delhi [hereafter ‗Trial Court’]

    9. In the said complaints, it was alleged that, in April, 2010,
    petitioner no. 1 had approached the complainant seeking financial
    assistance for the completion of the Film ‗Ata Pata Lapata’ and, at
    his request, the complainant had agreed to provide such assistance. It
    was further alleged that, after obtaining a loan of ₹5 crores for
    completion of the Film, petitioner nos. 1 and 2, in their individual
    capacities, along with M/s Shree Naurang Godavari Entertainment
    Limited, had stood as guarantors. According to the complainant,
    under the terms of the agreement, M/s Shree Naurang Godavari

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    Entertainment Limited and the petitioners had undertaken to pay,
    without demur and on demand, a sum of ₹8 crores, comprising ₹5
    crores towards the principal amount and ₹3 crores towards the agreed
    return. The complainant further alleged that, in consideration thereof,
    M/s Shree Naurang Godavari Entertainment Limited and petitioner
    nos. 1 and 2, as guarantors, had also executed a promissory note and
    had issued post-dated cheques towards repayment of the loan
    amount. It was also pleaded that, since M/s Shree Naurang Godavari
    Entertainment Limited was unable to adhere to its financial
    commitments regarding repayment, the loan was rescheduled on
    three occasions by way of separate agreements dated 21.09.2011,
    04.04.2012 and 09.08.2012. According to the complainant, under the
    last agreement dated 09.08.2012, the petitioners and M/s Shree
    Naurang Godavari Entertainment Limited had agreed to pay a total
    sum of ₹11,10,60,350/-, inclusive of the principal amount and the
    interest accrued thereon. It was alleged that all the earlier post-dated
    cheques were returned and that petitioner no. 2, in her capacity as
    Director of M/s Shree Naurang Godavari Entertainment Limited, had
    issued eight fresh cheques aggregating to ₹11,10,60,350/- in favour
    of the complainant. Out of these, one cheque was for an amount of
    ₹60,60,350/-, whereas the remaining seven cheques, each for an
    amount of ₹1.05 crores, form the subject matter of the present seven
    complaints. The complainant further alleged that, owing to disputes
    between the parties concerning the audio and music rights of the
    Film, it had approached the High Court of Delhi seeking a stay on the
    release of the Film. However, upon an undertaking that cheques to

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    the extent of ₹7 crores would be honoured, the release of the Film
    was permitted. It was further averred that all the seven cheques in
    question were subsequently dishonoured with the remarks ‗Funds
    Insufficient’, whereafter separate legal notices were issued in respect
    of each dishonoured cheque. According to the complainant, despite
    service of the said legal notices, the petitioners failed to make
    payment of the cheque amounts.

    10. The complainant had also placed before the learned Trial
    Court, in a tabular form, the particulars of the cheques and the legal
    notices issued in respect thereof, which read as under:

    11. On 21.04.2013, a Consent Agreement came to be executed
    between the complainant and M/s Shree Naurang Godavari
    Entertainment Ltd., whereby the parties arrived at a full and final
    settlement of their disputes. Under the said settlement, M/s Shree
    Naurang Godavari Entertainment Ltd. and M/s Naurang Godavari
    Pvt. Ltd. agreed to jointly and severally pay a total amount of ₹10.40
    crores to the complainant, M/s Murli Projects Pvt. Ltd. It was

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    recorded that a sum of ₹40 lakhs had already been paid through
    RTGS and the balance amount of ₹10 crores was to be paid in
    instalments, namely, ₹5 crores on or before 31.07.2013, ₹3 crores on
    or before 31.12.2013, ₹1 crore on or before 30.06.2014 and the
    remaining ₹1 crore on or before 30.09.2014. For securing and
    effectuating the aforesaid settlement, M/s Shree Naurang Godavari
    Entertainment Ltd. issued four post-dated cheques, namely, cheque
    no. 013076 dated 31.07.2013 for ₹5 crores, cheque no. 013077 dated
    31.12.2013 for ₹3 crores, cheque no. 013078 dated 30.06.2014 for ₹1
    crore and cheque no. 013079 dated 30.09.2014 for ₹1 crore, all
    drawn on Axis Bank Ltd., Malad (East), Mumbai. The Consent
    Agreement dated 21.04.2013 is extracted hereunder:

    ―THE PARTIES HERETO ARE AGREED AS FOLLOWS:

    1. Whereas this Hon’ble Court had passed the interim orders dated
    11.10.2012 and 1.11.2012 in the present suit.

    2. Whereas the contemnor i.e. M/s. Shree Naurang Godavari
    Entertainment Ltd., Shri Rajpal Navrang Yadav, Mrs. Radha Rajapal
    Yadav, and Shree Naurang Godavari Edutainment Pvt. Ltd. had not
    complied with the undertakings provided to this Hon’ble Court.

    3. Whereas the parties have post committing the contempt of this
    Hon’ble Court’s orders, have mutually negotiated a full and final
    settlement in the following manner.

    a. The contemnor Shree Naurang Godavari Entertainment Ltd.,
    Shri Rajpal Navrang Yadav, Mrs. Radha Rajapal Yadav, and
    Shree Naurang Godavari Edutainment Pvt. Ltd. (defendants
    in the Suit) do hereby solemnly undertake before this
    Hon’ble Court that they shall jointly or severally pay a total
    sum of Rs.10.40 crores (Rupees ten crores forty lacs) to
    Murli Projects Pvt. Ltd. of which Rs.40 lacs (Rupees forty
    lacs) has already been paid through RTGS. The balance sum
    of Rs.10 crores (Rupees ten crores) shall be paid in the
    following manner:

    i. Rs.5 crores (Rupees five crores) shall be paid by the
    Contemnors jointly or severally to Murli Projects Pvt.
    Ltd. on or before 31.7.2013.

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    ii. Rs.3 crores (Rupees three crores) shall be paid by
    Contemnors jointly or severally to Murli Projects Pvt.
    Ltd. on or before 31.12.2013.

    iii. Rs.1 crore (Rupees one crore) shall be paid by the
    Contemnors jointly or severally to Murli Projects Pvt.
    Ltd. on or before 30.6.2014.

    iv. Rs.1 crore (Rupees one crore) shall be paid by the
    Contemnors jointly or severally to Murli Projects Pvt.
    Ltd. on or before 30.9.2014.

    b. In order to secure Murli Projects Pvt. Ltd., the contemnors
    have in advance provided 4 (four) post dated cheques in the
    following manner issued by M/s. Shree Naurang Godavari
    Entertainment Ltd., details of the cheque are as follows:

    i. Cheque No. 013076 dated 31.7.2013 for Rs.5 crores
    drawn on Axis Bank Ltd. Malad (E), Mumbai.

    ii. Cheque No. 013077 dated 31.12.2013 for Rs.3 crores
    drawn on Axis Bank Ltd. Malad (E), Mumbai.

    iii. Cheque No. 013078 dated 30.6.2014 for Rs.1 crore
    drawn on Axis Bank Ltd. Malad (E), Mumbai.

    iv. Cheque No. 013079 dated 30.9.2014 for Rs.1 crore
    drawn on Axis Bank Ltd. Malad (E), Mumbai.

    4. The Contemnors do hereby solemnly undertake that they shall
    endeavour to pay the above amounts on or before the above cut off
    date, failing which Murli Projects Pvt. Ltd. shall be at liberty to
    encash the above 4(four) post dated cheques on the respective dates
    which the Contemnors undertake before this Hon’ble Court that the
    same shall be honoured on presentation.

    5. On payment of the above amounts, the present suit shall stand
    withdrawn by Murli Projects Pvt. Ltd. and interim order passed by
    this Hon’ble Court on 11.10.2012 and 1.11.2012 shall stand vacated.

    6. Murli Projects Pvt. Ltd. has instituted 8 (Eight) complaints under
    Section 138 N.I. Act against the above contemnors before Addl.

    Chief Metropolitan Magistrate, Karkardooma in respect of Cheque
    Nos. 021677, 021678, 021679, 021680, 021681, 021682, 021683
    and 021684 issued by the said contemnors. The Ld. Court has issued
    summons in the said 138 N.I. Cases. However, in view of the above
    settlement, till 31.7.2013, Murli Projects Pvt. Ltd. shall ensure that
    no coercive steps are taken in respect of their 138 N.I.A cases. In
    case the cheque issued for the payment of Rs.5 crores (Rupees five
    crores) is encashed or payment is made otherwise of Rs.5 crores
    (Rupees five crores) prior to 31.7.2013 then Murli Projects Pvt. Ltd.
    shall not take any coercive steps in respect of these cheques till
    31.12.2013 and similarly steps will be taken in this regard in respect
    of the subsequent two cheques dated 30.6.2014 and 30.9.2014. In
    case any of the 4 payments are not made, then Murli Projects Pvt.

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    Ltd. shall be at liberty to proceed with the said criminal case against
    the Contemnors and others in accordance with law. In case the
    payment of Rs.10 crores is received in total as per the above
    schedule ending on 30.9.2014 then Murli Projects Pvt. Ltd. shall
    withdraw the above criminal cases instituted against the contemnors.

    7. In case any of the payments as per the above schedule is not
    received by Murli Projects Pvt. Ltd. it shall be deemed that the
    contemnors are in contempt of the orders passed by this Hon’ble
    Court on 11.10.2012 and 1.11.2012 and also the contempt
    proceeding filed by the Murli Projects Pvt. Ltd. on 18.3.2013 which
    shall stand revived to their original status and the original amounts as
    per the original agreement with supplementary agreements shall
    stand revived against the contemnors.

    8. The contemnors are endeavoring to come up with a fresh
    cinematograph film or a remake film or refurbish film or re-edited
    film out of the earlier film called “Ata Pata Laapata”. The
    contemnors shall be free to negotiate with third parties in respect of
    this newly developed film provided, the payment of Rs.5 crores is
    made to Murli Projects Pvt. Ltd. on or before 31.7.2013. In case the
    said payment is received by Murli Projects Pvt. Ltd., then Murli
    Projects Pvt. Ltd. shall have no right, interest and cause of action in
    respect of the said film “Ata Pata Laapata” or its regenerated version
    in any form.

    9. The Contemnors in order to secure the above payments to Murli
    Projects Pvt. Ltd. has already issued the post dated cheques as
    mentioned hereinabove, however in order to further satisfy Murli
    Projects Pvt. Ltd., the above contemnors are issuing undertakings to
    this Hon’ble Court in the manner already done before. Copies of the
    undertakings are enclosed herewith.

    10. In case there are any amount deposited with this Hon’ble Court
    as per the interim orders dated 11.10.2012 and 1.11.2012 or any
    amounts are deposited in future, the same shall stand released to the
    contemnor on or after the first payment of Rs.5 crores (Rupees five
    crores) to Murli Projects Pvt. Ltd. as per:‖

    12. Subsequent to the execution of the aforesaid settlement
    agreement, the petitioners preferred FAO (OS) No. 267/2013 before
    the Division Bench of this Court, assailing the order dated
    13.05.2013 passed in IA No. 5427/2013 in CS (OS) No. 3037/2012.
    By order dated 06.08.2013, the Division Bench disposed of the said
    appeal while taking on record and validating the Consent Agreement

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    dated 21.04.2013. The rights of the parties, particularly the right of
    the complainant to seek appropriate remedies in the event of breach
    of the settlement terms, were expressly reserved.

    13. It is, therefore, the case of the petitioners that once the Consent
    Agreement dated 21.04.2013 had been executed and subsequently
    recognised by the Division Bench of this Court vide order dated
    06.08.2013, with liberty reserved to seek remedies in case of its
    breach, the cause of action arising from the alleged dishonour of the
    cheques issued under the Third Supplementary Agreement dated
    09.08.2012 ceased to survive and stood substituted by a fresh cause
    of action flowing from the Consent Agreement itself. The petitioners
    have drawn the attention of this Court to the order dated 06.08.2013,
    which is reproduced hereunder:

    ―Learned counsel for the parties submit that inter se disputes were
    settled in terms of settlement dated 21.4.2013 which was recorded in
    the order of the Court dated 24.5.2013. It is submitted that the
    appellant was to pay a sum of Rs. 5,00,00,000/- in compliance by
    31.7.2013. The appellant did not do so; the parties have since agreed
    to extend the time and agreed to modify the term with regard to the
    first payment which was to be made on 31.7.2013 i.e. the terms of
    clause 3(a)(i). It is submitted that the said amount of Rs.

    5,00,00,000/- is sought to be paid to the respondents through three
    cheques i.e. cheque bearing No. 013113 dated 05.9.2013 amounting
    to Rs. 2,00,00,000/-, cheque bearing No. 013114 dated 25.9.2013
    amounting to Rs. 3,00,00,000/- and cheque bearing No. 013115
    dated 25.9.2013 amounting to Rs. 20,00,000/-. It is agreed by the
    parties that the rest of the terms shall bind them especially the
    petitioner. The undertaking of Mr. Rajpal Navrang Yadav and Ms.
    Radha Rajpal Yadav, both dated 21.4.2013 are on the record which
    shall be treated as undertaking given to the Court; to the extent that
    they would make payment of a sum of Rs. 5,00,00,000/- and to the
    extent the terms shall stand modified.

    It is further agreed by counsel for the parties that upon receipt of the
    entire amount agreed in terms of the settlement, all disputes should
    be deemed settled and that the present appeal can be disposed off.
    Counsel for the respondent further states that in the event of default

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    by the appellant, it would be open to the respondent to seek
    enforcement of the undertaking given to this Court on 21.4.2013
    (these are found at page nos. 508 to 511 of the paperbook). In the
    eventuality of non-compliance of terms of settlement, the respondent
    can seek enforcement and execution of the undertaking in
    accordance with law.

    The appeal is disposed off accordingly. The rights of the parties
    especially of the respondents to seek remedial action for breach of
    the settlement terms, is expressly reserved.‖

    14. The petitioners further state that, vide order dated 27.01.2016
    passed in CS (OS) No. 3037/2012, this Court passed a consent decree
    for recovery of money in favour of the complainant and against the
    petitioners in terms of the Consent Agreement dated 21.04.2013. It is
    pointed out that paragraph 5 of the said order specifically records that
    the original agreement and the supplementary agreements referred to
    in paragraph 7 of the Consent Agreement dated 21.04.2013 would
    not revive and that the complainant would stand satisfied upon
    receiving the amounts stipulated in the said Consent Agreement.
    According to the petitioners, once the Consent Agreement dated
    21.04.2013 had been entered into and subsequently culminated in a
    consent decree, the complaints arising out of the dishonour of the
    earlier cheques ought to have been withdrawn or dismissed, it being
    their case that the earlier cause of action no longer survived in law.
    The learned counsel for the petitioners has also drawn the attention of
    this Court to the consolidated consent decree dated 27.01.2016
    passed in CS (OS) No. 3037/2012, which reads as under:

    ―1. Originally the subject suit was a suit seeking injunctions by
    claiming rights of the plaintiff in the movie ―Ata Pata Laapata‖.

    2. Lot of water has flown under the bridge thereafter and effectively
    today the suit stands decreed but not for injunctions but for recovery

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    of moneys as stated in the settlement terms dated 21.04.2013 entered
    into by the parties and signed by them.

    3. As per the consent terms/Agreement dated 21.04.2013, a Division
    Bench of this Court has passed Orders on 24.05.2013 and 06.08.2013
    in FAO(OS) No.267/2013 and which in the opinion of this Court
    effectively disposes of the suit by compromise by passing a money
    decree.

    These Orders dated 24.05.2013 and 06.08.2013 in FAO(OS)
    No.267/2013 read as under:

    * * *

    4. The consent terms as found in the consent terms/Agreement dated
    21.04.2013 are as under:

    * * *

    5. There would be some ambiguity on account of the language
    contained in paragraph 7 of the consent terms/Agreement dated
    21.04.2013, but the counsel for the plaintiff concedes that the
    original agreement and the supplementary agreement as mentioned
    in para 7 of the consent terms/Agreement dated 21.04.2013, do not
    revive, and the plaintiff will be satisfied on receiving the amounts as
    stated in the consent terms/Agreement dated 21.04.2013.

    6. Accordingly, a consent decree of money is passed in favour of the
    plaintiff and against the defendants as per the terms recorded in the
    consent terms/Agreement dated 21.04.2013 and the decree will be
    drawn up in terms of the consent terms/Agreement dated 21.04.2013
    as reproduced above on the plaintiff making payments of deficient
    court fee as stated below.

    7. It is however clarified that merely because a money decree is
    passed in favour of the plaintiff, as per the consent terms/Agreement
    dated 21.04.2013, that will not mean that the plaintiff is not entitled
    to continue to pursue remedies that the plaintiff has on account of the
    violation by the defendant nos. 2 & 3 of undertakings which are
    given to this Court or the orders/directions which have been issued
    by the Court but not complied by the defendant no.2.

    8. It is further made clear that so far as seeking recovery of amounts
    as per the money decree is concerned, the same will only take place
    in the execution proceedings seeking execution of the money decree
    which is passed today as per the consent terms/Agreement dated
    21.04.2013.

    9. It is also recorded that this Court is not expressing any opinion,
    one way or the other, with respect to the actions which the plaintiff
    seeks against the defendant nos. 2 & 3 inasmuch as, an appeal being
    Cont. App. (C) No.11/2013 is pending before a Division Bench of
    this Court against the Order of a learned Single Judge of this Court
    dated 03.12.2013 sentencing the defendant no. 2 to the imprisonment
    of 10 days. Issues with respect to finality of the Order dated
    03.12.2013 in respect of imprisonment will be in terms of the final
    order or interim order which will be passed by Division Bench in

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    Cont. App. (C) No.11/2013.

    10. It is also made clear that attachment of the properties of the
    defendants in terms of the orders of this Court, will enure for the
    benefit of the plaintiff in the execution proceedings in view of Order
    XXXVIII Rule 11 of the Code of Civil procedure, 1908 (CPC).

    Issues with respect to recovery of the amounts in favour of the
    plaintiff and against the defendants as per the consent
    terms/Agreement dated 21.04.2013 will be a subject matter of
    execution proceedings of execution of the money decree passed
    today.

    11. Plaintiff will make up the deficiency with respect to the court fee
    on account of the money decree having been passed today in favour
    of the plaintiff and against the defendants for a sum of Rs.10.40
    crores, and only on payment of the necessary court fee by the
    plaintiff, the money decree will be one which will be capable of
    being executed for the amounts payable under the money decree.

    12. Since the attachment orders are continuing and there is a money
    decree in favour of the plaintiff and against the defendants, and of
    which today an amount of approximately Rs.8.5 crores is said to be
    due to the plaintiff, no orders can be passed today for the release of
    the passport of defendant no. 2 and such an application can always
    be filed in the execution petition which the plaintiff proposes to file
    for the execution of the money decree with respect to the balance
    amount of Rs.8.5 crores or such application can be filed after
    disposal of the Cont. App. (C) No.11/2013.

    13. Suit is accordingly decreed and disposed of, subject, however, to
    the aforesaid terms and observations.

    I.A. No.21054/2012 (u/O 39 R 2A CPC by the plaintiff) & Crl. MA.
    No.3403/2014 (u/s 340 Cr.PC by the plaintiff)
    List on 10th May, 2016.‖

    15. Thereafter, on 06.05.2016, the complainant instituted
    Execution Petition No. 69/2016 before this Court seeking execution
    of the consent decree dated 27.01.2016 and recovery of the amounts
    payable under the full and final settlement arrived at between the
    parties. According to the petitioners, even after initiating execution
    proceedings on the basis of the Consent Agreement and the consent
    decree, the complainant did not withdraw the seven complaints under
    Section 138 of the NI Act. The learned counsel for the petitioners has

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    drawn the attention of this Court to the order dated 06.05.2016
    passed in Execution Petition No. 69/2016, which reads as under:

    ―3. In view of the order dated 27.1.2016 passed in CS(OS)
    No.3037/2012, it is observed that all orders of attachment passed in
    CS(OS) No.3037/2012 with respect to the bank accounts of the
    judgment debtors, the same will enure and continue to operate so far
    as the present execution proceedings are concerned. It is clarified
    that bank accounts of which reference is made in the present order as
    also in the attachment orders in CS(OS) No.3037/2012, will be those
    bank accounts mentioned in para 13 of the affidavit dated 12.1.2014
    of the judgment debtor no.2 filed in CS(OS) No.3037/2012.

    4. Notice be issued to the judgment debtors, on filing of process fee,
    both in the ordinary method as well as by registered post AD,
    returnable on 22nd August, 2016.‖

    16. The learned counsel for the petitioners submits that, during the
    trial of the seven complaint cases, the complainant had examined two
    witnesses, namely, CW-1 Rajiv Sharma and CW-2 Madho Gopal
    Aggarwal, both of whom were duly cross-examined by the
    petitioners. It is stated that the complainant had exhibited eight
    documents, marked as Ex. CW-1/1 to Ex. CW-1/8. The learned
    counsel contends that both the complainant’s witnesses had concealed
    the factum of the Consent Agreement dated 21.04.2013 entered into
    between the parties and had not disclosed the same in their
    examination-in-chief. In this regard, the learned counsel has drawn
    the attention of this Court to the testimonies of CW-1 and CW-2
    recorded before the learned Trial Court. It is further submitted that
    petitioner no. 1, Rajpal Naurang Yadav, entered the witness box as
    DW-1 and his statement was recorded on 21.04.2017 in defence
    evidence. The learned counsel has also referred to the testimony of
    the said witnesses.

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    17. It is further stated that, vide judgments dated 13.04.2018, the
    learned Trial Court convicted the petitioners in all the seven
    complaint cases under Section 138 of the NI Act. Thereafter, by
    orders on sentence dated 23.04.2018, petitioner no. 1, Rajpal
    Naurang Yadav, was sentenced to undergo simple imprisonment for a
    period of six months and to pay a fine of ₹1.60 crores in each
    complaint case, and in default of payment of fine, to further undergo
    simple imprisonment for a period of six months. Out of the fine
    amount of ₹1.60 crores, a sum of ₹1,59,50,000/- was directed to be
    paid to the complainant and the remaining sum of ₹50,000/- was
    directed to be paid to the State in each complaint case. By the same
    orders on sentence dated 23.04.2018, petitioner no. 2, Radha Rajpal
    Yadav, was directed to pay a fine of ₹10 lakhs to the complainant in
    each complaint case and, in default of payment thereof, to undergo
    simple imprisonment for a period of three months.

    18. The petitioners further state that, in the meantime, in Execution
    Petition No. 69/2016 and E.A. No. 360/2018, titled Murli Projects
    Private Ltd. v. Shree Naurang Godavari Entertainment Ltd. & Ors.
    ,
    the complainant sought execution of the consolidated consent decree
    dated 27.01.2016. Vide order dated 30.11.2018, this Court directed
    the detention of petitioner no. 2 in civil prison for a period of three
    months. The order dated 30.11.2018 passed in Execution Petition No.
    69/2016 is extracted hereunder:

    ―1. The counsel for the judgment-debtors states that Mr. Anant
    Dattaram Lad whose Aadhaar Card is handed over in the Court and
    photocopy of which is kept on record and original returned is the
    owner of certain immovable property and is willing to sell the same

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    for satisfying the judgment-debt of the judgment-debtors. A
    photocopy of the title documents of the property of Mr. Anant
    Dattaram Lad is handed over in the Court and is taken on record and
    a copy has been given to the counsel for the decree-holder.

    2. The counsel for the judgment-debtors states that the decree-

    holder may verify whether the decree-holder is interested in taking
    the said property in satisfaction / part satisfaction of the debt.

    3. The judgment-debtor no.2 present in Court also undertakes to
    this Court that he will within one month of today either satisfy the
    entire judgment-debt or pay the first instalment of Rs.2 crores in
    terms of order dated 21st August, 2018 with interest as may be
    directed by the Court and if does not comply with this undertaking
    can be sent to prison.

    4. The counsel for the decree-holder states that the judgment-
    debtors have dodged the decree already for a very long time and the
    decree be executed by imprisonment of the judgment-debtor no.2.

    5. I am satisfied from the past conduct of the judgment-debtors that
    the judgment-debtors, inspite of being in a position to pay the
    decretal amount, are managing their affairs so as to avoid execution
    of the decree. The judgment-debtor no.2 is found to have acted in
    number of films and the explanation each time is, either of the
    monies therefor having been received earlier or the judgment-debtor
    no.2 performing without consideration.

    6. The decree is ordered to be executed by detention of the
    judgment debtor no.2 Rajpal Navrang Yadav in civil prison for a
    period of three months. The judgment-debtor no.2 is ordered to be
    taken into custody forthwith, to be detained in civil prison.

    7. The Court Master to call for the marshal and handover the
    judgment debtor no.2 to the marshal for compliance of the order
    along with a copy of this order.

    8. Since the decree-holder has not suggested any other mode of
    execution, the execution is closed with the aforesaid.
    Dasti under signature of Court Master.‖

    19. Being aggrieved by the judgments of conviction and the orders
    on sentence passed by the learned Trial Court, the petitioners
    preferred seven criminal appeals, being Criminal Appeal Nos.
    53/2018, 55/2018, 56/2018, 57/2018, 58/2018, 59/2018 and 60/2018,
    before the learned Sessions Court. The complainant, on the other
    hand, preferred seven criminal revision petitions, being Criminal

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    Revision Nos. 124/2018, 125/2018, 126/2018, 127/2018, 128/2018,
    129/2018 and 130/2018, assailing the order on sentence dated
    23.04.2018.

    20. The learned Special Judge, PC Act, East District,
    Karkardooma Courts, Delhi [hereafter ‗Sessions Court’], vide the
    impugned common judgment dated 21.01.2019, upheld the
    judgments of conviction dated 13.04.2018, while observing as under:

    ―APPRECIATION OF EVIDENCE AND ARGUMENTS AS
    WELL AS FINDINGS :-

    7. As per undisputed facts of the case, initially an agreement was
    executed between complainant and convicts on 30.05.2010 in respect
    of repayment of a loan extended by complainant in the sum of Rs.5
    crores to the convicts. Six post dated cheques were issued by
    convicts for total sum of Rs.8 crores towards repayment of aforesaid
    loan along with interest. However, that promise could not be honored
    by the convicts. Thereafter, another supplementary agreement was
    executed between both the parties on 21.09.2011, referring to failure
    of convicts to make payment of Rs.8 crores as per previous
    agreement on the respective due dates. As per this supplementary
    agreement, complainant had agreed to receive amount of Rs.8 crores
    along with interest of Rs.1,38,06,332/- and thus, once again six post
    dated cheques were issued by convicts in favour of complainant for
    total sum of Rs.9,38,06,332/-. The last cheque was payable on
    31.12.2011, however, once again convicts failed to make such
    payment. Therefore, another supplementary agreement was executed
    on 04.04.2012, under which fresh amount was fixed to be paid by
    convicts to complainant after addition of interest, for total sum of
    Rs.10,72,52,745/- and this time convicts issued 11 post dated
    cheques for aforesaid sum. The last cheque was payable on
    30.09.2012. Once again, convicts failed to make payment of
    aforesaid amount and finally another agreement dated 09.08.2012
    was executed between the parties vide which convicts undertook to
    pay total sum of Rs.11,10,60,350/- to the complainant towards
    clearing outstanding debts with interest. This amount was settled
    after adjustment of Rs.40 lacs paid by convicts to the complainant
    and after addition of interest for delayed period. Once again, convicts
    issued eight post dated cheques for total sum of Rs.11,10,60,350/-,
    the last cheque being payable on 28.02.2013. All these cheques were
    issued towards clearing the outstanding debt. However, on
    presentation of seven out of eight cheques given in pursuance to
    aforesaid agreement, same were dishonoured on the grounds of

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    insufficient funds, which resulted into seven complaint cases in
    question being filed by the complainant. At the same time,
    complainant company also took civil remedy and a civil suit
    no.3037/2012 came into existence before High Court of Delhi for
    recovery of amount against the same liability. Before High Court of
    Delhi, once again parties settled their dispute on 21.04.2013, on the
    basis of which a consent decree was passed by Delhi High Court in
    aforesaid civil suit. This settlement had taken place basically in a
    contempt proceeding, because of failure of convict no.2 to comply
    with the undertakings given before Delhi High Court to make certain
    payments.

    8. In the present case, argument was raised before trial court as well
    as before this court that with execution of agreement dated

    21.04.2013 before High Court of Delhi, the agreement dated
    09.08.2013 became null and void. Therefore, cheques in question
    also became redundant and without any liability. Argument was also
    advanced that since new cheques were given out of consent
    agreement before Delhi High Court, therefore, cheques in question
    could not be payable anymore. In the impugned judgments, ld.
    ACMM (East) has dealt with this argument and negated this
    argument.

    9. It is borne out from clause 6 of the consent agreement dated
    21.04.2013 itself, that it was agreed between the parties before Delhi
    High Court that in case payments undertaken in that agreement were
    not made, then complainant shall be at liberty to proceed with the
    criminal cases herein. As per that agreement, these cases were to be
    withdrawn by the complainant only on complete payment of Rs.10.4
    crores, as agreed before Delhi High Court in aforesaid agreement.
    Therefore, I do find that such argument of convicts is fallacious and
    without any merit. For same reasons, it cannot be said that trial court
    did not have jurisdiction to try the criminal complaints in hand, after
    consent decree being passed by High Court of Delhi. For the purpose
    of complaints in hand, the liability qua cheques in question should
    have been there on the date of presentation of the cheques and for the
    purpose of filing of complaints, the requirement was that despite
    lapse of 15 days from the date of service of demand notice, such
    payments were not made.

    10. Another argument/ground was raised on behalf of convicts that
    the amount given by complainant was in the form of investment,
    rather than loan and hence, it was subject to profit/loss earned out of
    movie produced by convicts. Ld. ACMM (East) dealt with this
    argument also and rejected the same. To appreciate this argument, it
    is appropriate to refer to clause 4 of first agreement executed
    between the parties on 30.05.2010. This clause mentioned that the
    complainant was to extend inter corporate loan in the sum of Rs.5
    crores to the convicts for the purpose of using the same in producing
    and releasing of a film ‘Ata Pata Laapata’. Clause 6 of this agreement
    mentioned that convicts herein would refund the entire principle

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    amount of Rs.5 crores lent by complainant on or before 31.03.2011.
    Clause 7 of that agreement further mentioned about liability of
    convicts herein to pay a sum of Rs.2.5 crores towards interest, cost
    etc. on the aforesaid loan and Rs.50 lac towards management cost of
    arranging the funds etc. Thus, as per clause 8 of that agreement,
    convicts herein had to refund Rs.8 crores to the complainant. Such
    specific terms of aforesaid agreement could not be substituted with
    oral assertion of the convicts. Furthermore, the subsequent
    agreements executed between the parties, were entered into by
    convicts herein with promise to return certain sum of money
    including interest on account of delay in payment. Convicts also
    went on to issue post dated cheques every time during execution of
    every agreement. Had it been actually the intention of the parties that
    complainant was investing Rs.5 crores in the production of aforesaid
    movie, then there could not have been any occasion for the convicts
    to promise to return a particular sum of money and to issue post
    dated cheques. In case of investment, if return for the complainant
    was to be dependent upon profit/loss earned by aforesaid movie, then
    there could not have been any occasion to quantify the money to be
    returned to the complainant, at the time of receiving such amount of
    Rs.5 crores itself. Therefore, I do not find any merit in this argument
    as well.

    11. Another argument/ground was raised on behalf of convicts that
    the complainant company had no license to advance finance and trial
    court failed to acknowledge the infirmities appearing in the balance
    sheet of the complainant company. In my opinion, these arguments
    cannot be entertained at all, because after having received loan from
    complainant company against interest, convicts are stopped from
    challenging the competence of complainant company to extend such
    loan. Convicts cannot usurp the loan amount on the basis of
    aforesaid grounds at all. Hence, this argument has to be rejected.

    12. Convicts have also raised another argument/ground that
    transaction between the parties was illegal and against the provisions
    of Usurious Loan Act, because convicts were not liable to pay
    interest at the rate of 30%. It has to be appreciated that such terms of
    interest rate were consciously agreed upon by the convicts, while
    taking amount of Rs.5 crores from the complainant.Convicts time
    and again kept buying time to repay the amount, but they failed and
    every time they kept promising to return the amount with interest at
    such rate. Section 3 of the Usurious Loan Act, 1918, talks about a
    civil suit and provides that the court may reopen the transaction and
    declare the interest to be excessive. Therefore, such plea was to be
    taken by convicts in civil suit, which was pending before High Court
    of Delhi. If such declaration would have been passed by the civil
    court under that Act, there could have been a reason to entertain this
    plea in the present criminal proceeding. In absence of any such
    declaration of Civil court, such plea cannot be entertained herein.

    13. Convicts have also referred about injunction being taken by

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    complainant from High Court of Delhi and about fate of the movie
    on the box office. However, these grounds/arguments are
    insignificant in view of the agreed findings given that convicts were
    under debt to repay loan with interest to the complainant. Therefore,
    these factors do not have any bearing on the decision of these cases.

    14. Convicts have also raised grounds that before presenting the
    cheques leading to criminal complaints in hand, complainant should
    have taken permission either from High Court of Delhi or from the
    convicts. However, once again I find such arguments to be merit less
    for simple reason that no law provides that to present cheque against
    liability or to institute a criminal complaint under Section 138 NI
    Act, the complainant has to take permission from the civil court or
    from the proposed accused persons. The only requirement to present
    the cheques was that the liability qua those cheques was subsisting.
    There was no change in that liability on account of proceedings
    being pending before High Court of Delhi.

    15. In the additional grounds filed on the record, convicts further
    took plea that CW1/Sh. Rajiv Sharam was not a competent witness
    to depose on behalf of complainant company, because the resolution
    Ex.CW1/2 was executed on 28.01.2013, when there was no cause of
    action to file the complaints in hand. However, once again, I find
    that this argument is not impressive for the reasons that the
    resolution dated 28.01.2013 passed by Board of Directors of
    complainant, authorized Mr. Rajiv Sharma to sign and file affidavit
    as well as any pleading for filing criminal or civil cases on behalf of
    complainant company and to appear on behalf of complainant
    company as Attorney. He was also empowered to appear as witness
    on behalf of complainant company. It was not necessary that after
    accrual of cause of action to file criminal complaints herein, a fresh
    board resolution was required to be passed. Moreover, CW1 was
    expected to depose as per his personal knowledge and information or
    on the basis of record of the company. Therefore, to become a
    witness, in my opinion there is no requirement to be authorized by
    concerned company. Such requirement is only for the purpose of
    filing a complaint on behalf of a juristic person. Such requirement
    was duly satisfied in the cases in hand and hence, there is no merit in
    this argument.

    16. Ld. counsel for convicts also referred to a judgment cited as
    Venkatesh Dutt v. M/s. M.S. Shoes East Limited, 2004 II AD
    (Delhi), to submit that after fresh cheques given out of consent
    agreement dated 21.04.2013, the criminal complaints instituted on
    the basis of previous cheque, could not be continued and were liable
    to be dismissed. It is worth to mention here that in the aforesaid case,
    Delhi High Court observed that :-

    ―by no stretch of imagination complaints under Section 138 NI Act
    relating to several cheques given by a party to the complainant on
    account of the agreement between the parties towards liability against

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    initial cheque leading to the filing of original complaint can be allowed
    to go simultaneously…………..Once the parties enter into an agreement
    during the pendency of such complaint or proceedings and complainant
    accepts the cheques given by the accused in lieu of the subject matter
    of original complaint, every cheque gives rise to a fresh cause of action
    if it, on presentation is dishonoured as in that case original complaint
    becomes extinct. Aggrieved person has a right to file as many
    complaints as many cheques were given to him. As every cheque under
    the Act provides an independent and fresh cause of action to the
    aggrieved person. Even otherwise, it is difficult to accept that two
    parallel proceedings, one emanating from the original cheque and
    others emanating from the terms of the agreement between the parties,
    can be allowed to run simultaneously. If the earlier complaint is also
    allowed to continue along with the subsequent complaints, then the
    very purpose of agreement between the parties and issuance of fresh
    cheques become meaningless as fresh cheques issued by a party are
    towards the original liability that gave rise to the initial complaint filed
    under Section 138 NI Act.‖

    17. The aforesaid observations would make it clear that such
    observations were made in case of two parallel proceedings going on
    for offence under Section 138 NI Act, out of one liability. Had it
    been a case herein that complainant would have also instituted fresh
    complaint on the basis of dishonor of cheques handed over on
    execution of consent agreement dated 21.04.2013, there would have
    been a ground to say that complainant was prosecuting convicts in
    two parallel proceedings simultaneously in respect of same liability.
    However, it is not the case herein. Complainant did not institute
    fresh complaint on the basis of cheques received on execution of
    consent agreement dated 21.04.2013, therefore, this argument is also
    not acceptable.

    18. Another argument had been raised on behalf of convicts that trial
    court while imposing sentence of fine on convict no.3, mentioned
    about adjustment of amount paid in terms of consent decree, being
    adjusted towards the fine, from the date of order. It was argued that
    such adjustment should be of the amount paid during pendency of
    the complaint, before any court of law and not from the date of order
    of sentence. Reliance was placed upon case law titled as D.
    Purushotama Reddy & Anr. v. K.Sateesh
    , 2008 (4) RCR
    (Criminal). In the aforesaid case, Supreme Court was dealing with a
    question that whether any suit for recovery of money on a cheque
    issued by the defendant, but dishonored, the amount received by the
    plaintiff and creditor in a criminal proceeding should be adjusted?
    This question would show that the Supreme Court was dealing about
    adjustment of any amount paid during criminal proceeding, while
    preparing a decree in civil proceeding and in that background
    Supreme Court observed that the court should take into consideration
    the amount of compensation deposited in criminal case and should
    draw up a fresh decree after taking into consideration the amounts
    deposited. This is not the situation in the present case. No amount
    was deposited in the present case as compensation, nor it is a civil

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    proceeding to modify the decree accordingly.

    19. Section138 NI Act empowers the court to impose fine up to
    double of the cheque amount. While deciding any such amount of
    fine, the court also take scare of time spent in the trial as well as
    other factors. I find that ld. ACMM had imposed fine of Rs.1.6
    crores in each case against cheque amount of Rs.1.5 crores, against
    convict no.2 and Rs.10 lac in each case against convict no.3. During
    arguments both parties were asked to furnish details of payments
    made to complainant in respect of liability in question. It is admitted
    situation that since 30.04.2012 till 19.06.2018 a total sum of
    Rs.19140350/-was paid to complainant on behalf of convicts. Ld.
    ACMM in the orders on sentence observed that ―further payment
    made by the convict starting from this date before the hon’ble High
    Court towards the consent decree shall be adjusted towards the fine
    which this court has awarded today.‖ As per this order, amount of
    Rs.14640350/- would not be adjusted towards the fine, though so
    much of amount has been paid to the complainant. This is not the
    meager amount to be ignored, while imposing fine and giving
    direction for payment of compensation to the complainant. One
    cannot loose sight of the fact that complainant did avail civil remedy
    before High Court of Delhi for recovery of amount against same
    liability. Complainant had the opportunity to seek all kind of
    compensation in the civil proceedings, but complainant limited his
    demand to Rs.10.4 crores in the consent agreement. These factors do
    have bearing over sentence being passed in proceedings under
    Section 138 NIAct.Therefore, I find that the approach adopted by ld.
    ACMM was incomplete, to take into account the payments already
    made to complainant regarding same liability. However, I shall give
    my final conclusion regarding sentence, after dealing with rival
    contentions made in criminal revisions.

    20. The last ground/argument raised on behalf of convicts was that
    trial court could not award default sentence for none payment of fine.
    Ld. counsel referred to case law cited as Ahammed Kutty v.
    Abdullakoya, 2008 (4) RCR Criminal 763 SC. In this case,
    Supreme Court held that while exercising jurisdiction under Section
    357(3)
    Cr.P.C, no direction can be issued for any default to pay the
    amount of compensation, that the accused shall suffer simple
    imprisonment. On the other hand, ld. counsel for the complainant
    referred to latest judgment from Supreme Court cited as Kumaran
    v. State of Kerala
    , 2017 (2) LRC 513 (SC), wherein Supreme Court
    while referring to Section 431 and Section 421 Cr.P.C in-conjunction
    with Section 64 and Section 70 IPC, held that sentence of
    imprisonment for non payment of fine must also be included as
    applying directly to compensation under Section 357(3) Cr.P.C as
    well.
    Supreme Court also took note of judgment based in R.Mohan
    v. A.K. Vijaya Kumar
    , (2012) 8 SCC 721, wherein Supreme Court
    dealing with a case for offence under Section 138 NI Act itself, held
    that ―ifSection421ofthecourtputs compensation ordered to be paid by

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    the court on a par with fine so far as mode of recovery is concerned,
    then there is no reason why the court cannot impose a sentence in
    default of payment of compensation as it can be done in case of
    default in payment of fine under Section 64 IPC.‖ In view of such
    categorical law explained by Supreme Court in aforesaid two cases,
    it cannot be held that a default sentence of imprisonment could not
    be awarded by trial court, for non payment of fine including portion
    of compensation.

    21. It is further more relevant to mention herein that fine imposed in
    the cases in hand cannot be termed as order being passed under
    Section 357(3) Cr.P.C. Section 357(3) Cr.P.C is applicable to those
    cases, wherein court imposes a sentence of which fine does not form
    a part and the court orders the accused to pay compensation amount
    to sufferer/victim. On the other hand, Section 357(1) Cr.P.C refers to
    a situation where court imposes a sentence of fine or a sentence of
    which fine forms a part, wherein the court may pass order to apply
    some part of that fine in the payment to any person as compensation.
    Thus,thesituationhereinreferstoSection357(1)Cr.P.C, rather than
    under Section 357(3) Cr.P.C, because the trial court had imposed a
    fine upon convict no.2as well as convict no.3 and had directed a part
    of fine imposed upon convict no. 2 to be paid to complainant as
    compensation.

    22. In view of my foregoing discussions, findings and observations, I
    do not find any merit in the criminal appeals preferred by the
    convicts against impugned judgments of conviction. However, a
    decision has to be taken in respect of orders on sentence, which shall
    be taken at the end of this judgment, after dealing with plea raised in
    criminal revisions.

    GROUNDS TAKEN IN SEVEN CRIMINAL REVISION
    PETITIONS :-

    23. Being aggrieved of the impugned orders on sentence dated
    23.04.2018 in aforesaid seven complaint cases, Sh. Sompal Ruhil
    being Authorized Representative of complainant company i.e. M/s.
    Murli Projects Pvt. Ltd., has preferred seven criminal revision
    petitions mainly on the following relevant grounds :-

    ● That impugned orders on sentence dated 23.04.2018 passed by
    trial court is unjust, unfair, unreasonable and against the facts
    and law.

    ● That sentence awarded to convicts is neither adequate nor in
    consonance with the sprite of the provisions of Section 138 of
    NI Act.

    ● That trial court erred by awarding lighter punishment/sentence
    to convicts, who deserved to be awarded maximum punishment/
    sentence as provided under Section 138 of NI Act.
    ● That trial court erred in not awarding any sentence of
    imprisonment to convict no.3, when it is established that she

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    had signed the cheques in the capacity of managing director of
    convict company.

    ● That trial court did not mention any reason to show leniency in
    favour of convict no.2 by imposing insignificant sentence.
    ● That trial court did not disclose any reason to show leniency in
    favour of convict no.3, by imposing insignificant sentence by
    way of fine only.

    ● That trial court failed to consider that object behind introduction
    of Chapter XVII in the Negotiable Instruments Act 1881, by
    virtue of banking, public financial institutions and Negotiable
    Instruments law (Amendment) Act 1988, was with a view to
    encourage the culture of use of cheques and enhancing the
    credibility of the negotiable instruments.

    ● That trial court failed to pass a sentence to give proper effect to
    the object of legislation, which says that no drawer of cheque
    could be allowed to take dishonor of the cheque issued by him
    lightly.

    ● That sentence awarded to convicts could be termed to be a flea
    bite sentence as convict no.3 was let off with a meager sentence
    of fine only.

    ● That trial court committed an illegality, while awarding no
    sentence of imprisonment to convict no.3 on the ground that she
    was only a signatory, who signed the cheques on the asking of
    convict no.2 and she is a woman. Gender of accused cannot
    earn her any immunity from imposing substantive sentence.
    Convict no.3 had signed four agreements of loan dated
    30.05.2010, 21.09.2011, 04.04.2012 and 09.08.2012 with
    complainant company and played active role in the commission
    of offence.

    ● That convict no.3 is the signatory of cheques and incharge of
    the affairs of business of convict no. 1 company with convict
    no. 2.Therefore, she is liable to be punished with the sentence
    of imprisonment.

    ● That trial court exceeded its jurisdiction by passing the order
    that payment made by convicts from the date of sentence i.e.
    23.04.2018, towards the consent decree, should be adjusted
    towards the fine awarded to him, as both are separate
    proceedings and complainant company is entitled to avail
    criminal as well as civil remedies.

    APPRECIATION OF ARGUMENTS:-

    24. Ld. counsel for petitioner/complainant company argued that trial
    court did not pass order of sufficient sentence against the convicts
    and was too lenient for them. He further submitted that the sentence
    awarded to convict no.2 was too short, though keeping in view the
    conduct of convicts maximum sentence should have been passed and
    even amount of compensation should have been double of the
    cheques amount. He further submitted that trial court was too lenient

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    for convict no.3, being guided by her gender, though this factor was
    not relevant to award sentence of imprisonment against convict no.3.
    Ld. counsel referred to State of Himachal Pradesh v. Nirmala
    Devi
    , (2017) 7SCC262, to support his argument that gender of the
    convict no.3 could not be treated as an mitigating factor. He further
    referred to case laws cited as Suganthi Suresh Kumar v.
    Jagdeeshan,2002
    (1) JCC 315 and L.N. Chaturvedi v. State &
    Ors., CRL. Rev.P.No.515/11 & Crl.M.A.No.2905/11, decided by
    High Court of Delhi on 11.04.2012, to submit that since convicts
    did not pay the cheque amount, therefore, severe punishment should
    have been awarded against convicts.

    25. Per contra, ld. counsel for convicts challenged the maintainability
    of revision petitions itself, submitting that there is no provision to
    entitle the complainant to file revision petition against order on
    sentence. He further referred to judgment passed by High Court
    Delhi in the case of Bhajanpura Credit Society Ltd. v. Sushil
    Kumar, CRL.A.972/2012
    , decided by High Court of Delhi on
    03.09.2014,to submit that complainant in a case under Section 138
    NIAct is not even recognized as victim and hence, even Section 372
    Cr.P.C cannot come to his aid. Ld. counsel further submitted that
    Section 377Cr.P.C empowers the State Government to prefer appeal
    against sentence and therefore, only State could have challenged the
    impugned orders of sentence under Section 377 Cr.P.C.

    26. The aforesaid argument of convicts was countered by ld. counsel
    for petitioner/complainant with support of judgment passed by
    Karnataka High Court in the case of Nagraj v. Gowramma, IV
    (2004) BC 44 and on the support of judgment passed by Madras
    High Court in the case of J.S. Agencies & Ors. v. M/s. Namakkal
    South India Transports, 1999 (1) Crimes 70, submitting that
    revision petitions were entertained in these cases against order of
    sentence.

    27. I shall first of all deal with the legal issue of maintainability of
    the revision petitions. From the arguments made on behalf of
    convicts and on the basis of judgment passed by High Court of Delhi
    in the case of Bhajanpura Credit Society Ltd. (supra), it is very
    much clear that complainant could not have resorted to Section 372
    Cr.P.C against orders on sentence, because Delhi High Court in
    aforesaid case has held that complainant in cases under Section 138
    NI Act is not a victim as referred in Section 372 Cr.P.C.

    28. Section 377 Cr.P.C is also not available to a complainant in order
    to appeal against sentence, as this provision is applicable for State. It
    is well apparent that Section 377 Cr.P.C could be invoked by the
    State only where State would have been a prosecuting agency.
    Though, Section 377 Cr.P.C. does not refer to nature of cases in
    which such appeal against sentence could be filed, however, in cases
    under Section 138 NIAct State is not the prosecuting agency and
    State has nothing to do with such cases. In that situation, State is not

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    expected to be aggrieved of order on sentence.

    29. On the other hand, Section 397 Cr.P.C provides that High Court
    or Sessions Judge may examine record of any proceeding before
    inferior criminal court to satisfy itself or himself as to correctness,
    legality and propriety of any finding, sentence or order etc. Thus, this
    provision specifically refers to sentence passed by an inferior
    criminal court, which can be looked into by a Sessions Judge under
    Section 397 Cr.P.C. In the back drop of such statutory provision, the
    observations made by Karnataka High Court in the case of Nagraj
    (supra) so as to validate a revision petition being filed before a
    Sessions Judge for inadequacy of sentence, assume importance.
    Similar was the finding given by Madras High Court in the case
    ofJ.S. Agencies (supra). Therefore, I find that all the revision
    petitions are well maintainable against impugned orders on sentence,
    on the grounds of inadequate sentence.

    30. Now, I shall deal with the merit of contentions raised by
    complainant against sentence. The judgment passed by Supreme
    Court in the case of Nirmala Devi (supra), was pressed into to plead
    equality among convicts and to seek sentence of imprisonment
    against convict no.3, who is wife of convict no.2. Ld. ACMM (East)
    while passing orders on sentence, observed that convict no.3 was
    only a signatory to cheques being wife of convict no.2 and she
    signed those cheques on asking of convict no.2. She was a woman
    and keeping in view her medical condition, no sentence of
    imprisonment was awarded against her.

    31. The observations passed by Supreme Court in the case of
    Nirmala Devi (supra) were made, while dealing with a case of
    offence under Section 307/328/392 read with Section 34 IPC. The
    nature of those offences were apparently very serious.
    As far as
    Section 138 NI Act is concerned, Supreme Court in the case of
    Meter and Instruments Private Limited v. Kanchan Mehta, 2017
    SCC OnLine SC 1197, observed that ―the object of the provision
    being primarily compensatory, punitive element being mainly with
    the object of enforcing the compensatory element, compounding at
    the initial stage has to be encouraged.‖ In the same case, Supreme
    Court went on to observe that offence under Section 138 of theAct is
    primarily a civil wrong.
    Thus, observations made by Supreme Court
    in case of Nirmala Devi (supra) cannot be applicable to the present
    cases, keeping in view the vast difference in the nature of offences in
    that case
    and in the present cases.

    32. In the case of Praban Kumar Mitra v. State of West Bengal,
    AIR 1959 SC 144, a constitution bench of Supreme Court observed
    that ―In our opinion, in the absence of statutory provisions, in terms
    applying to an application in revision, as there are those in Section
    431 in respect of criminal appeals, the High Court has the power to
    pass such orders as to it may seem fit and proper, in exercise of its
    revisional jurisdiction vested in it by Section 439 of the Code.

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    Indeed, it is a discretionary power which has to be exercised in aid of
    justice. Whether or not the High Court will exercise its revisional
    jurisdiction in a given case, must depend upon the facts and
    circumstances of that case. The revisional powers of the High Court
    vested in it by Section 439 of the Code, read with Section 435, do
    not create any right in the litigant, but only conserve the power of the
    High Court to see that justice is done in accordance with the
    recognized rules of criminal jurisprudence, and that subordinate
    Criminal Courts do not exceed their jurisdiction, or abuse their
    powers vested in them by the Code.‖

    33. In Rajaram Vs. State, 1983 CrLJ612 (MP),it was held that
    “Order of lower court ought not be lightly set aside unless it has
    entailed mis carriage of justice or where two views are possible
    merely because the revising court takes the other view.‖

    34. In the present case, ld. ACMM was well aware of civil remedy
    availed by the complainant. The consent decree passed by High
    Court of Delhi was also well within knowledge of ld. ACMM. It is
    worth to mention here that before High Court of Delhi even
    complainant had agreed to receive a total sum of Rs.10.4 lac only,
    though he had the option to demand more amount on the grounds of
    due compensation. In view of these circumstances, the amount of
    fine imposed by ld. ACMM cannot be said to be inadequate fine.
    Rather, while dealing with criminal appeal of the convicts, I have
    already referred to this aspect to point out the compensation awarded
    to the complainant. It cannot be said that compensation awarded to
    the complainant is in sufficient, especially when complainant himself
    did not seek more compensation in the civil proceeding, which was
    more appropriate proceeding to seek such compensation. In fact, ld.
    ACMM should have taken note of all the payments made to
    complainant towards same liability, while imposing fine and giving
    direction for compensation to the complainant.

    35. The sentence of imprisonment awarded to conviction is not to be
    enhanced merely to satisfy the sense of vengeance of the
    complainant. Ld. ACMM has not only passed sentence of
    imprisonment against convict no.2, but has also passed default
    sentence against convict no.2 as well as convict no.3 for non
    payment of fine. The convict no.3 was mother of a child during trial
    of the case and was pregnant. During pendency of the appeals before
    this court, she gave birth to another child. Therefore, omission of ld.
    ACMM to pass any sentence of imprisonment against her, is found
    to be in consonance with humane touch to the sentencing. Section
    138
    of the Act provides for punishment of imprisonment, or fine or
    both. Meaning thereby, ld. ACMM had the option to pass sentence of
    fine only against convict no.3 and thus, there is no legal infirmity in
    such order.

    36. In my opinion under revisional jurisdiction this court is not
    supposed to substitute its own view, without there being any

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    manifest error in the discretion exercised by ld. ACMM, with the
    view formed by ld. ACMM. Therefore, the demand of complainant
    to enhance the sentence is rejected.

    37. However, there is one aspect attached to orders on sentence,
    which were not raised by ld. counsel for complainant. Ld. ACMM
    though convicted convict no.1 company as well, but no sentence was
    passed qua this company. Once, a person (natural or juristic) is
    convicted for an offence, the court has to pass some sentence qua
    that person. The impugned orders on sentence are totally silent in
    respect of any sentence qua convict no.1 company. It appears that ld.
    ACMM as well as ld. counsel for complainant overlooked this
    aspect. Under revisional jurisdiction, it is duty of this court to point
    out legal infirmity so that same may be rectified. Therefore, I do find
    that impugned orders on sentence are liable to be set aside for
    aforesaid reasons.

    38. In view of my foregoing discussions, findings and observations
    given in criminal appeals preferred by all the convicts, impugned
    judgments dated 13.04.2018 in all seven complaints are upheld.
    However, orders on sentence dated 23.04.2018 in all seven
    complaints are hereby set aside and matter is remanded back to the
    trial court to pass fresh order on sentence in each case, keeping in
    view the observations made herein above.

    39. To be specific, the trial court shall pass order on sentence qua
    convict no.1 company as well. The trial court shall also take into
    account the payments made to complainant regarding same liability
    till date, while imposing fine against the convicts. Since, this court
    has rejected the prayer of complainant for enhancement of
    punishment of convicts no.2 and 3, therefore, trial court shall ensure
    that sentence against them is passed without any enhancement.

    40. Accordingly, all seven criminal appeals as well as all seven
    criminal revisions are partially allowed in respect of impugned
    orders on sentence. Both parties shall appear before trial court on
    31.01.2019 at 02:00 PM. Since convict no.2 is reported to be in civil
    prison, trial court shall seek his production accordingly.‖

    21. However, at the same time, the learned Sessions Court was
    pleased to set aside the orders on sentence dated 23.04.2018 and
    remand the matter to the learned Trial Court for reconsideration of
    the question of sentence with the following directions:

    ―i. Not to enhance the period of sentence and the fine.
    ii. To award or pass an order for imposing sentence upon Accused
    No.1 the company.

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    iii. The payments made to the complainant regarding the same
    liability till date to be taken into account, while imposing fine against
    the Petitioners.‖

    22. Pursuant thereto, the matter was reheard by the learned Trial
    Court, which passed a fresh order on sentence dated 22.05.2019. By
    the said order, accused no. 1 company was admonished in all the
    complaint cases, noticing that adequate compensation had already
    been awarded to the complainant and that the company had been
    struck off from the register maintained by the Registrar of
    Companies. The learned Trial Court also reduced the sentence
    awarded to petitioner no. 1, Rajpal Naurang Yadav, and sentenced
    him in each case to undergo simple imprisonment for a period of
    three months and to pay a fine of ₹1.35 crores and, in default of
    payment of fine, to undergo simple imprisonment for a further period
    of six months. It was further directed that the sentences in all the
    seven cases would run concurrently. Insofar as petitioner no. 2,
    Radha Rajpal Yadav, is concerned, the learned Trial Court
    maintained the earlier order on sentence and directed her to pay a fine
    of ₹10 lakhs to the complainant in each complaint case and, in
    default of payment thereof, to undergo simple imprisonment for a
    period of three months. The sentences in all the seven cases were also
    directed to run concurrently.

    23. Being dissatisfied with the fresh order on sentence dated
    22.05.2019, both sides once again approached the learned Sessions
    Court. The petitioners/accused preferred seven criminal revision
    petitions, i.e. Cr. Rev Nos. 138/2019, 139/2019, 140/2019, 141/2019,

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    142/2019, 143/2019 and 144/2019, challenging the sentence awarded
    to them, while the complainant also instituted a separate set of seven
    criminal revision petitions, i.e. Crl. Rev No.180/2019, 181/2019,
    182/2019, 183/2019, 184/2019, 185/2019, 186/2019, seeking
    enhancement of the sentence. Thus, for their respective reasons, both
    parties were aggrieved by the order on sentence dated 22.05.2019.

    24. In the meantime, on 09.02.2022, the petitioners had instituted
    W.P. (CRL) No. 360/2022 before this Court, inter alia, seeking the
    following reliefs:

    ―a. Issue a Writ of mandamus or like nature by directing the Ld.
    A.S.J., Kakardooma Court to send the entire record of the Criminal
    Revision Petitions Nos. 138- 144/2009 filed by petitioners as well as
    Criminal Revision Petitions No. 180- 57 CRL.M.C.-4870-2024
    186/20 19 filed by the Decree Holder/ Respondent No.2 and after
    examining the record set aside the same as a person cannot be
    sentenced twice for the same offence otherwise it would be violation
    of Fundamental Rights against Double Jeopardy of Article 20 (2) of
    the Constitution of India and declare the order of Learned M.M.
    dated 22.05.2019 and order of Learned A.S.J. dated 21.01.2019 as
    bad in Law being Violative of fundamental rights.
    b. Pass any such further orders to do complete justice as this Hon’ble
    Court may deem fit.‖

    25. Vide order dated 16.02.2022, this Court permitted the
    petitioners to withdraw the said writ petition with liberty to raise all
    their contentions before the learned Trial Court, including the
    contention that imposition of fine or payment under the proceedings
    under the NI Act would result in double jeopardy, inasmuch as the
    decree had already been executed. The relevant portion of the order
    dated 16.02.2022 reads as under:

    ―2. After some arguments, learned counsel for the petitioner seeks
    permission to withdraw the instant petition with liberty to raise all

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    his contentions before the Trial Court including the contention that
    imposing a fine/non-payment of the amount in the proceedings under
    the Negotiable Instruments Act would result in double jeopardy for
    the petitioner inasmuch as the decree has already been executed.

    3. Liberty, as prayed for, is granted.

    4. Be it noted that this Court has not made any observations on the
    merits of the case. The Trial Court is requested to consider the
    arguments/contentions of the petitioner on its own merits before
    finally adjudicating the matter.

    5. With these observations, the petition is disposed of as withdrawn
    along with the pending application(s), if any.‖

    26. Thereafter, vide common judgment dated 29.05.2024, the
    learned Sessions Court partially allowed the seven revision petitions
    preferred by the petitioners as well as the seven revision petitions
    preferred by the complainant and modified the order on sentence
    dated 22.05.2019 passed by the learned Trial Court. The modified
    sentence awarded to the petitioners reads as under:

    ―i. Petitioner No.1- Rajpal Naurang Yadav sentenced to simple
    imprisonment for a period of 3 months in each case and to pay a fine
    of 1.35 Crore in each case and in default of payment of fine to suffer
    simple imprisonment for a further period of six months. (sentences in
    all seven cases shall run concurrently). Out of the fine of Rs. 1.35
    Crores in each complaint case, a sum of Rs. 1,34,75,000/- shall be
    paid to the complainant and Rs. 25,000/- shall be paid to the State.
    ii. Petitioner No. 2 – Ms. Radha Rajpal Yadav is sentenced to pay a
    fine of Rs. 7,65,665/- to the complainant in each case and in default
    of payment of fine to suffer simple imprisonment for a period of
    three months. The amount of fine of Rs. 7,65,665/- in each case shall
    be paid to the complainant. (sentences in all seven cases shall run
    concurrently). 59 CRL.M.C.-4870-2024
    iii. Accused No.1 therein – Company Shree Naurang Godavari
    Entertainment Pvt ltd. is not operational and has already been struck
    off from ROC. Adequate compensation had already been awarded to
    the complainant to be paid by Petitioner No. 2 and Petitioner No.3,
    therefore, Accused No. 1 company is admonished in all the cases.‖

    27. By a separate order of the same date, i.e. 29.05.2024, the

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    learned Sessions Court directed petitioner no. 1 to surrender before
    the learned Trial Court within thirty days. Petitioner nos. 1 and 2
    were also granted one month’s time to deposit the fine amount. The
    said period expired on 28.06.2024. The operative portion of the order
    dated 29.05.2024 are extracted hereunder:

    ―Vide separate common judgments announced in the open Court
    today in fourteen revision petition, all fourteen criminal revisions are
    partially allowed and sentences have been altered against the
    convicts in CC Nos.823/13 (New No. 53711/16), 825/13 (New
    No.53694/16), 831/13 (New No.53822/16), 832/13 (New No.53827),
    02/13 (New No.48785/16), 824/13 (New No.53693/16) & 03/2013
    (New No.50553/16).

    Convict no.2 Rajpal Navrang Yadav has been sentenced to simple
    imprisonment for a period of 3 months in each case and to pay a fine
    of 1.35 Crore in each case and in default of payment of fine to suffer
    simple imprisonment for a further period of six months in each case.
    (sentences in all seven cases shall run concurrently). Out of the fine
    of Rs. 1.35 Crores in each complaint case, a sum of Rs. 1,34,75,000/-
    shall be paid to the complainant and Rs. 25,000/- shall be paid to the
    State.

    Convict no. 3 Ms. Radha Rajpal Yadav has been sentenced to pay
    fine of Rs. 7,65,665/- to the complainant in each case and in default
    of payment of fine to suffer simple imprisonment for a period of
    three months in each case. The amount of fine of Rs. 7,65,665/- in
    each case shall be paid to the complainant.

    Convict no. 1 Company Shree Navrang Godawari Entertainment Pvt
    ltd. is not operational and has already been struck off from ROC.
    Adequate compensation had already been awarded to the
    complainant to be paid by convict no.2 and convict no.3, therefore
    convict no.1 company is admonished in all the cases.
    A request has been made on behalf of convicts for suspension of
    sentence for a period of 30 days to enable them to avail their
    remedies against the judgment. Request is vehemently opposed by
    the Ld. Counsel for complainant stating that Section 389 Cr.P.C. is
    not applicable at the appellate stage.

    Convicts no. 2 and 3 are based in Mumbai and are appearing through
    VC. Convict no. 2 shall surrender before the Ld. Trial Court within
    30 days from today. Convicts no. 2 and 3 are granted one month time
    to pay the fine amount. TCRs be sent back along with common
    judgment to the trial court forthwith. File be consigned to record
    room, as per rules. Copy of this order be given dasti.

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    C. The Present Proceedings

    28. The petitioners have preferred the seven captioned revision
    petitions before this Court, i.e. CRL.REV.P. Nos. 797/24, 798/24,
    799/24, 800/24, 801/24, 802/24 and 803/24, challenging the
    judgment dated 21.01.2019 of the learned Sessions Court, affirming
    the judgment of conviction dated 13.04.2018 passed by the learned
    Trial Court.

    29. The petitioners have also preferred the fourteen captioned
    petitions under Section 482 of the Cr.P.C., assailing the judgment
    dated 29.05.2024 passed by the learned Sessions Court, with respect
    to the order on sentence.

    SUBMISSIONS BEFORE THE COURT

    A. On Behalf of the Petitioners/Convicts

    30. On the point of delay in filing the seven revision petition i.e.
    CRL.REV.P. Nos. 797/24, 798/24, 799/24, 800/24, 801/24, 802/24
    and 803/24, challenging the judgment dated 21.01.2019 of the
    learned Sessions Court, affirming the judgment of conviction dated
    13.04.2018 passed by the learned Trial Court, the learned counsel for
    the petitioners submits that the delay is neither deliberate nor
    intentional, but is attributable to incorrect legal advice tendered by
    the erstwhile counsel representing the petitioners.

    31. It is contended that, although the prescribed period of
    limitation for filing the present revision petitions had expired on
    21.04.2019, the learned Trial Court had, in the meantime, reheard the

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    matter on the aspect of sentence pursuant to the judgment dated
    21.01.2019 (remanding the matter to Trial Court on aspect of
    sentencing) and had passed a fresh order on sentence on 22.05.2019.
    According to the petitioners, they were advised by their then counsel
    that the challenge to the fresh order on sentence before the learned
    Sessions Court would also encompass a challenge to the findings of
    conviction and that the entire matter, including the legality of the
    conviction, would be examined in those proceedings. Acting upon
    such legal advice, the petitioners bona fide preferred the said revision
    petitions and diligently pursued the remedy available to them before
    the learned Sessions Court. It is further submitted that the petitioners
    realised the error only upon the pronouncement of the common
    judgment dated 29.05.2024, wherein the learned Sessions Court
    specifically observed that it could not examine the correctness or
    legality of the earlier judgment dated 21.01.2019 insofar as the same
    had upheld the conviction of the petitioners. According to the learned
    counsel, it was only then that the petitioners became aware that the
    judgment dated 21.01.2019 affirming their conviction was required to
    be independently assailed before this Court.

    32. The learned counsel submits that, having lost confidence in
    their earlier counsel, the petitioners thereafter sought fresh legal
    advice, whereupon they were advised that separate revision petitions
    against the judgment dated 21.01.2019 were required to be filed. It is
    further submitted that the petitioners thereafter took immediate steps
    to obtain the relevant records and certified copies of the proceedings,
    including the records of the criminal appeals, criminal revisions and

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    complaint cases, which consumed considerable time. Thereafter, the
    present petitions were prepared and filed without any avoidable
    delay.

    33. It is, therefore, argued that the petitioners had bona fide
    pursued a remedy before a forum which ultimately lacked
    jurisdiction to examine the issue of conviction and that the entire
    period spent in prosecuting the said proceedings deserves to be
    excluded. The learned counsel accordingly submits that the
    petitioners are entitled to the benefit of Section 14 of the Limitation
    Act, read with Section 5 thereof, and that the delay in filing the
    present revision petitions merits condonation in the interest of justice.

    34. On merits, the learned counsel appearing for the petitioners
    argues that the complaints filed under Section 138 of the NI Act
    ceased to be maintainable once a fresh set of cheques was issued
    pursuant to the Consent Agreement dated 21.04.2013. In this regard,
    reliance is placed upon the decision of the Hon’ble Supreme Court in
    Gimpex (P) Ltd. v. Manoj Goel: (2022) 11 SCC 705. It is submitted
    that the said decision lays down that a subsequent settlement
    agreement subsumes the original complaint arising out of the
    dishonour of the earlier cheques and, therefore, the proceedings
    initiated on the basis of the original cheques can no longer be
    maintained. According to the learned counsel, once such a settlement
    is arrived at, a fresh cause of action arises only upon the dishonour of
    the cheques issued pursuant to the settlement and the complainant
    cannot simultaneously pursue proceedings based on both sets of

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    cheques.

    35. It is argued that the seven complaints in the present case arose
    from the dishonour of cheques issued pursuant to the agreements
    dated 30.05.2010, 21.09.2011, 04.04.2012 and 09.08.2012. However,
    thereafter, the parties entered into the Consent Agreement dated
    21.04.2013, whereby the complainant, M/s Murli Projects Pvt. Ltd.,
    and M/s Shree Naurang Godavari Entertainment Ltd., along with
    petitioner nos. 1 and 2 and M/s Shree Naurang Godavari
    Edutainment Pvt. Ltd., arrived at a full and final settlement. Under
    the said agreement, the petitioners agreed to jointly and severally pay
    a sum of ₹10.40 crores to the complainant, of which ₹40 lakhs had
    already been paid through RTGS and the balance amount of ₹10
    crores was to be paid in installments. For securing the said
    settlement, four post-dated cheques aggregating to ₹10 crores were
    issued in favour of the complainant.

    36. The learned counsel further submits that this Court, vide order
    dated 27.01.2016 passed in CS (OS) No. 3037/2012, passed a consent
    decree in terms of the Consent Agreement dated 21.04.2013.
    Particular emphasis is placed on the observations contained in the
    said order that the original agreement and the supplementary
    agreements would not revive and that the complainant would stand
    satisfied upon receiving the amounts stipulated in the Consent
    Agreement. It is, therefore, argued that the original cause of action
    stood extinguished and was substituted by a fresh cause of action
    arising out of the Consent Agreement.

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    37. It is further argued that it is an admitted position that the
    Consent Agreement dated 21.04.2013 was executed and that four
    post-dated cheques were issued pursuant thereto. In such
    circumstances, the principle laid down in Gimpex (P) Ltd. (supra)
    squarely applies and the original complaints could not have been
    continued. According to the learned counsel, in the event of breach of
    the Consent Agreement, the remedy available to the complainant was
    either to institute fresh complaints on the basis of the dishonour of
    the cheques issued under the settlement or to pursue appropriate civil
    remedies for its breach.
    Reliance is also placed upon the decision of
    this Court in Vinod Bansal v Intec Capital Ltd: 2024 SCC OnLine
    Del 3245, where, while applying the dictum of the Supreme Court in
    Gimpex (P) Ltd. (supra), it was held that a subsequent settlement
    agreement subsumes the complaint based on the earlier dishonoured
    cheques and that a fresh cause of action arises only upon the
    dishonour of the cheques issued under the settlement.
    Reliance is
    further placed upon the decision in K Jeganathan v P. Sampath:

    2024 SCC OnLine Del 4003, where the original complaint under
    Section 138 of the NI Act was quashed after issuance of a fresh set of
    cheques pursuant to a settlement agreement.

    38. The learned counsel further submits that both the learned Trial
    Court and the learned Sessions Court erred in rejecting the
    petitioners’ contention that, upon execution of the Consent
    Agreement dated 21.04.2013, the Third Supplementary Agreement
    dated 09.08.2012 ceased to have any effect and the cheques in
    question no longer represented an enforceable liability. It is argued

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    that the learned Sessions Court also erred in its interpretation of
    Clause 6 of the Consent Agreement. It is also contended that
    paragraph 7 of the order dated 27.01.2016 passed by this Court in CS
    (OS) No. 3037/2012 merely preserves the remedies available to the
    complainant in respect of violation of undertakings given to this
    Court or non-compliance with its orders and directions, including
    proceedings for contempt, and does not preserve the right to continue
    with the original complaints under Section 138 of the NI Act. In this
    regard, reliance is placed upon paragraph 5 of the said order, wherein
    this Court specifically recorded the statement of learned counsel for
    the complainant that the original agreement and the supplementary
    agreements would not revive and that the complainant would be
    satisfied upon receiving the amounts stipulated in the Consent
    Agreement dated 21.04.2013.

    39. It is further argued that the complainant cannot be permitted to
    derive monetary benefits simultaneously through both civil and
    criminal proceedings arising from the same cause of action. Having
    obtained a consent decree on the basis of the settlement agreement,
    without having to prove its claim in the civil suit, the complainant
    cannot, according to the petitioners, continue to prosecute the
    original complaints arising out of the Third Supplementary
    Agreement dated 09.08.2012. It is submitted that permitting recovery
    under both proceedings would be inherently unjust and would
    amount to an abuse of the process of law.

    40. It is, therefore, prayed that the judgments of conviction dated

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    13.04.2018, as affirmed by the impugned judgment dated 21.01.2019,
    be set aside.

    41. On the aspect of sentence, the learned counsel for the
    petitioners argues that by virtue of the consent decree dated
    27.01.2016, the complainant had already secured a decree for ₹10.40
    crores, which represented the full and final settlement between the
    parties. It is submitted that, thereafter, vide the impugned order dated
    29.05.2024, petitioner no. 1 has been directed to pay a fine of ₹1.35
    crores in each of the seven complaint cases, aggregating to
    ₹9,45,00,000/-, out of which a sum of ₹9,43,25,000/- is payable to
    the complainant. It is further submitted that petitioner no. 2, Radha
    Rajpal Yadav, has been directed to pay a fine of ₹7,65,665/- in each
    of the seven cases, aggregating to ₹53,59,655/-. According to the
    learned counsel, the total compensation awarded through the criminal
    proceedings thus comes to ₹9,96,84,655/-. It is argued that this
    overlapping of the decreed amount and the compensation awarded by
    way of fine is inherently unjust and amounts to an abuse of the
    process of law.

    42. It is further argued that the learned Sessions Court failed to
    consider that, on an alleged loan of ₹5 crores, the complainant now
    stands to recover an amount close to ₹20 crores by combining the
    amounts recoverable under the consent decree and the compensation
    arising out of the fines imposed in the criminal proceedings. This
    effectively results in a return of nearly 300% on the initial amount of
    ₹5 crores, which is wholly disproportionate, unjust and impermissible

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    in law. It is submitted that, while determining the quantum of fine
    under the NI Act, the learned Sessions Court ought to have taken into
    account the amount already decreed in the civil proceedings. It is also
    argued that the learned Sessions Court ought to have directed that
    any amount deposited by the petitioners in future be adjusted towards
    the fine and compensation awarded in the criminal proceedings and,
    correspondingly, be set off against the amount recoverable under the
    consent decree.

    43. The learned counsel further submits that petitioner no. 1 has
    already undergone three months’ imprisonment in civil prison in
    execution proceedings arising out of the same transaction and
    concerning the same liability. It is argued that the learned Sessions
    Court failed to appreciate that the said imprisonment was directly
    connected with the same transaction and cause of action which forms
    the basis of the present criminal proceedings. Therefore, petitioner
    no. 1 ought not to be subjected to another sentence of imprisonment
    arising out of the same transaction.

    44. Without prejudice to the aforesaid submissions, it is stated that
    even if this Court were to uphold the conviction, no sentence of
    imprisonment ought to be awarded to petitioner no. 1 in the facts and
    circumstances of the case. In the alternative, it is prayed that
    petitioner no. 1 be extended the benefit of Sections 3 or 4 of the
    Probation of Offenders Act, 1958.

    45. On these grounds, it is prayed that the impugned judgment
    dated 29.05.2024, sentencing the petitioners in the present cases, be

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    also set aside.

    B. On Behalf of the Complainant/Respondent No. 1

    46. On the point of delay, the learned counsel appearing for
    respondent no. 1/complainant opposes the applications for
    condonation of delay and submits that the present revision petitions
    are hopelessly barred by limitation, there being a delay of about 1894
    days in challenging the judgment dated 21.01.2019. It is contended
    that no sufficient cause has been shown for condonation of such an
    inordinate delay.

    47. It is argued that the petitioners cannot attribute the delay solely
    to incorrect legal advice. It is stated that the petitioners were
    represented by different counsels at various stages and they had
    actively pursued the proceedings over several years. Therefore, it
    cannot be said that they were misled by a single counsel or remained
    unaware of the appropriate remedy. The learned counsel further
    submits that the petitioners had preferred criminal revision petitions
    before the learned Sessions Court in July, 2019 and had also
    instituted W.P. (CRL.) No. 360/2022 before this Court, specifically
    assailing the order dated 21.01.2019. This clearly demonstrates that
    the petitioners were fully aware of the impugned judgment and its
    consequences. Despite this, they failed to challenge the judgment of
    conviction before this Court within the prescribed period of
    limitation. It is, therefore, contended that the petitioners have been
    grossly negligent and are not entitled to the benefit of Sections 5 or
    14 of the Limitation Act. The present revision petitions, being grossly

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    delayed, are liable to be dismissed at the threshold on the ground of
    limitation alone.

    48. On the maintainability of the petitions under Section 482 of the
    Cr.P.C., the learned counsel appearing for respondent no. 1 submits
    that the present petitions are not maintainable in view of the bar
    contained in Section 397(3) of Cr.P.C. It is argued that the petitions
    under Section 482 of Cr.P.C. are, in substance, nothing but second
    revision petitions disguised as petitions invoking the inherent
    jurisdiction of this Court. According to the learned counsel, the
    inherent powers under Section 482 of Cr.P.C. cannot be exercised to
    circumvent the statutory bar on a second revision or to nullify the
    sentence imposed after the conviction has attained finality. It is
    further argued that the petitioners are, in effect, seeking to be
    absolved of the consequences of their conviction under Section 138
    of the NI Act, even though they do not dispute the conviction itself. It
    is stated that the challenge in these petitions under Section 482 of
    Cr.P.C. is essentially confined to the sentence awarded to the
    petitioners, since their conviction had attained finality upon dismissal
    of their appeals by the learned Sessions Court on 21.01.2019 and no
    challenge thereto was made within the prescribed period. It is also
    submitted that the petitioners had expressly accepted their conviction
    in the revision petitions filed before the learned Sessions Court.

    49. On merits, the learned counsel for respondent no. 1 opposes
    the prayer for setting aside the judgments passed by the learned
    Courts below. It is submitted that the petitioners have repeatedly

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    failed to honour the undertakings given by them to this Court as well
    as the various agreements and settlements voluntarily entered into by
    them over the years. It is pointed out that this Court had also passed a
    consent decree for ₹10.40 crores on 27.01.2016, but petitioner no. 1
    failed to abide by the undertakings and commitments made
    thereunder and was consequently directed to undergo detention in
    civil prison for a period of three months in Execution Petition No.
    69/2016. It is further submitted that for more than a decade, the
    petitioners have consistently expressed their inability to discharge the
    amounts due to respondent no. 1.

    50. The learned counsel has also drawn the attention of this Court
    to the order dated 26.09.2024 passed in the present proceedings,
    wherein this Court had observed as under:

    ―8. Although, this Court on a careful reading of the impugned
    common judgment, finds no grounds to interfere on the merits of this
    petition, however, considering the plea advanced by the learned
    Senior Counsel for the petitioners, and for the fact that the petitioners
    are not hardened criminals, the sentence awarded by the impugned
    common judgment/order dated 29.05.2024 is hereby suspended till
    the next date of hearing, subject to the petitioners submitting
    personal bond in the sum of Rs. 1,00,000/- with one surety in the like
    amount, subject to the satisfaction of the learned MM/duty
    MM.Further, subject to the petitioners adopting sincere and genuine
    measures to explore the possibility of reaching an amicable
    settlement with respondent No. 1…‖

    51. It is further submitted that the petitioners had also preferred
    twenty-one Special Leave Petitions before the Hon’ble Supreme
    Court challenging the order dated 28.06.2024 passed by this Court in
    all the fourteen criminal miscellaneous petitions and seven criminal
    revision petitions. However, the Hon’ble Supreme Court declined to

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    interfere with the matter on merits. The relevant observations of the
    Hon’ble Supreme Court read as under:

    ―2. After hearing learned counsel for the petitioners, we are not
    inclined to entertain the present special leave petitions. However, it
    is suffice to observe that the mediator while mediating the issues
    shall not be influenced by the observations made in paragraph 8 of
    the order impugned.

    3. Accordingly, the Special Leave Petitions are dismissed‖

    52. The learned counsel further submits that the petitioners
    thereafter filed an application seeking modification of the order dated
    25.04.2025 before the Hon’ble Supreme Court, being Diary No.
    10044/2026, which also came to be dismissed. It is stated that
    repeated challenges mounted by the petitioners at different stages
    have been unsuccessful and the present petitions deserve to be
    dismissed.

    53. The learned counsel for respondent no. 1 further argues that
    the contention of the petitioners that the criminal complaints arising
    out of the dishonour of the cheques issued pursuant to the Third
    Supplementary Agreement dated 09.08.2012 could not have been
    continued after the execution of the Consent Terms dated 21.04.2013
    and the passing of the consent decree dated 27.01.2016, is wholly
    misconceived. It is submitted that the Consent Terms did not
    supersede or extinguish the Third Supplementary Agreement and
    were merely supplemental in nature. It is further argued that the
    complaint cases arising out of the dishonour of the cheques issued
    under the Third Supplementary Agreement were never stayed and the
    only protection granted to the petitioners was that no coercive steps

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    would be taken against them. The learned counsel has also drawn the
    attention of this Court to Clause 6 of the Consent Terms, which
    specifically provided that the seven complaint cases would be
    withdrawn only upon receipt of the entire payment of ₹10 crores.
    Since admittedly the petitioners failed to pay the said amount, there
    was never any occasion for withdrawal of the complaints. The
    learned counsel further submits that the four cheques issued under the
    Consent Terms were merely intended to secure the promises made by
    the petitioners under the settlement and were not meant to substitute
    the earlier cheques or extinguish the existing complaints.

    54. It is also argued that the decision of the Hon’ble Supreme
    Court in Gimpex (P) Ltd. (supra) is inapplicable to the facts of the
    present case.
    It is contended that no fresh prosecution under Section
    138
    of the NI Act was initiated on the basis of the cheques issued
    pursuant to the Consent Terms and, therefore, the apprehension of
    two parallel prosecutions, which weighed with the Supreme Court in
    Gimpex (P) Ltd. (supra), does not arise in the present case. The
    learned counsel further distinguishes the said decision on the ground
    that, in that case, the terms of compromise expressly contemplated
    that a fresh complaint under Section 138 of the NI Act would lie in
    the event of dishonour of the settlement cheques. It is also submitted
    that paragraph 41 of the said decision itself clarifies that complaints
    based on the original cheques need not necessarily be quashed in
    every case where a compromise has been entered into between the
    parties.
    As regards the reliance placed by the petitioners on the
    decision of this Court in Vinod Bansal (supra), the learned counsel

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    submits that the said decision is itself under challenge before the
    Hon’ble Supreme Court in SLP (Crl.) No. 10980/2024.

    55. It is further argued that the Consent Terms expressly envisaged
    continuation of the original complaints in the event of default.
    According to the respondent no. 1, Clause 6 specifically permitted
    respondent no. 1 to proceed with the existing complaint cases if the
    petitioners failed to adhere to the settlement terms. Thus, respondent
    no. 1 could not have instituted fresh prosecutions on the basis of the
    four cheques issued under the Consent Terms since the agreement
    itself contemplated continuation of the earlier complaints. The
    learned counsel also submits that the petitioners are misreading
    paragraph 5 of the consent decree dated 27.01.2016. According to
    him, the said paragraph was incorporated only to clarify the position
    in the event the petitioners paid the entire sum of ₹10 crores under
    the settlement. It is argued that only in such eventuality would the
    original agreements and supplementary agreements not survive. The
    eventuality of non-payment was specifically dealt with in Clause 6,
    which reserved the right of respondent no. 1 to continue with the
    criminal complaints. It is also pointed out that this very issue has
    been considered by both the learned Trial Court and the learned
    Sessions Court and concurrent findings have been returned against
    the petitioners.

    56. As regards the plea of double jeopardy, the learned counsel
    submits that the argument of the petitioners that the decree stood
    executed by virtue of the order dated 30.11.2018 and that they are,

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    therefore, entitled to be discharged from the present proceedings, is
    wholly misconceived. It is argued that the order dated 30.11.2018
    merely directed detention in civil prison and cannot be construed to
    mean that the decree stood fully satisfied or executed. The learned
    counsel further submits that the said argument is contrary to Section
    58(2)
    of the Code of Civil Procedure, which specifically provides
    that a judgment-debtor shall not be discharged from his debt merely
    because he has been detained in civil prison. It is also argued that the
    contention that petitioner no. 1 should be absolved of criminal
    liability under Section 138 of the NI Act because of the period spent
    in civil prison is equally misconceived. It is stated that petitioner no.
    1 has not undergone any sentence pursuant to his conviction under
    the NI Act. The period of three months spent in civil prison was
    solely on account of non-payment of the decretal amount and cannot
    be equated with the sentence awarded in the criminal proceedings.

    57. It is, therefore, submitted that there is no ground to interfere
    with the order on sentence, as modified by the learned Sessions Court
    vide judgment dated 29.05.2024, and that all the present petitions
    deserve to be dismissed.

    ANALYSIS & FINDINGS

    58. Before adverting to the rival contentions and the issues arising
    for consideration, it would be apposite to briefly recapitulate the
    nature of the proceedings giving rise to the present batch of petitions.

    59. The genesis of the present litigation lies in seven complaint

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    cases instituted by respondent no. 1 in the year 2013 under Section
    138
    of the NI Act. The said complaints culminated in a common
    judgment dated 13.04.2018 passed by the learned Trial Court
    whereby the petitioners were convicted, followed by separate orders
    on sentence dated 23.04.2018.

    60. Aggrieved thereby, the petitioners preferred seven criminal
    appeals before the learned Sessions Court challenging both the
    judgments of conviction as well as the orders on sentence.
    Simultaneously, respondent no. 1 also preferred seven criminal
    revision petitions assailing the adequacy of the sentence awarded by
    the learned Trial Court.

    61. The aforesaid seven criminal appeals and seven criminal
    revision petitions were decided by the learned Sessions Court vide
    common judgment dated 21.01.2019. While the judgments of
    conviction dated 13.04.2018 were affirmed, the orders on sentence
    dated 23.04.2018 were set aside and the matter was remanded to the
    learned Trial Court for passing fresh orders on sentence.

    62. Pursuant to the remand, the learned Trial Court passed fresh
    orders on sentence on 22.05.2019. Once again, both sides approached
    the learned Sessions Court. The petitioners preferred seven criminal
    revision petitions challenging the sentence awarded to them, while
    respondent no. 1 also filed seven criminal revision petitions seeking
    enhancement thereof. These fourteen revision petitions came to be
    decided by the learned Sessions Court vide common judgment dated
    29.05.2024.

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    63. Thus, the present batch of petitions before this Court arises
    from two distinct judgments passed by the learned Sessions Court.
    The seven criminal revision petitions filed by the petitioners before
    this Court challenge the judgment dated 21.01.2019 insofar as it
    affirms the conviction of the petitioners, whereas the fourteen
    petitions under Section 482 of the Cr.P.C. assail the subsequent
    judgment dated 29.05.2024 relating to the fresh orders on sentence
    passed by the learned Trial Court pursuant to the remand. It is in this
    backdrop that the issues arising in the present proceedings are
    required to be examined.

    A. Criminal Revision Petitions challenging the Judgment of
    Conviction dated 13.04.2018 and 21.01.2019

    64. The particulars of the seven criminal revision petitions, along
    with the corresponding applications seeking condonation of delay,
    are tabulated below:

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    65. At the outset, it is necessary for the Court to first adjudicate the
    applications seeking condonation of delay in filing the present
    revision petitions, since the question of limitation goes to the very
    maintainability of the revision petitions

    66. The delay in filing the present revision petitions is of 1894
    days, i.e. more than five years. The petitioners, therefore, carry a
    significant burden of establishing ‗sufficient cause’ which prevented
    them from approaching this Court within the prescribed period of
    limitation.

    67. Essentially, the explanation offered by the petitioners is that
    though they had challenged the fresh order on sentence dated
    22.05.2019, passed by learned Trial Court, before the learned
    Sessions Court by way of revision petitions in the year 2019 itself,
    they were under a bona fide impression that they had also challenged
    the findings of conviction recorded against them. According to them,
    it was only upon the pronouncement of the judgment dated
    29.05.2024 in those revision petitions that they realised that their
    conviction had not been assailed in those revision petitions.

    (i) Revision Petitions filed before Sessions Court

    68. To appreciate the contentions raised on behalf of the
    petitioners and the respondent no. 1, this Court has examined the case
    records. A perusal of the revision petitions preferred by the
    petitioners in the year 2019 before the Sessions Court (i.e., Crl. Rev.
    Nos. 138/2019, 139/2019, 140/2019, 141/2019, 142/2019, 143/2019

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    and 144/2019) leaves little room for doubt regarding the nature and
    scope of those proceedings. In this regard, the following aspects are
    noteworthy:

    (i) The very title of each of these revision petitions
    described them as a ‗Criminal Revision under Section 397
    Cr.P.C. against the Impugned Order on Sentence dated
    22.05.2019′. The challenge, therefore, was expressly confined
    to the order on sentence and not to the initial judgment of
    conviction dated 13.04.2018 or the appellate judgment dated
    21.01.2019. This evident from the following:

    (ii) The grounds raised in those revision petitions were also
    entirely directed against the sentence awarded to the petitioners
    herein. The petitioners had questioned, inter alia, the
    enhancement of the default sentence from three months to six
    months, the failure of the learned Trial Court to take into
    account the period spent by petitioner no. 1 herein in civil
    prison in the execution proceedings, and the failure to adjust
    certain amounts allegedly paid by the petitioners. Significantly,
    no ground whatsoever was raised challenging the findings of
    guilt recorded by the learned Trial Court or affirmed by the
    learned Sessions Court.

    (iii) Most importantly, the prayer clauses of those revision

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    petitions themselves belie the explanation now sought to be
    advanced before this Court. The petitioners had specifically
    prayed that the impugned order dated 22.05.2019 be set aside
    ‗to the effect of awarding sentence’ and that petitioner no. 1
    herein be treated as a „convict‟ who had already undergone the
    requisite sentence. The relevant portion of the petition reads as
    under:

    69. The use of the expression ‗be treated as a convict’ in the prayer
    clause is relevant, as the prayer proceeds on the premise that the
    petitioner is not challenging his conviction, but only the quantum of
    sentence requires reconsideration, and he prays that while
    maintaining his conviction, he be sentenced to the period already
    undergone by him in the execution proceedings in the civil suit which
    was filed before this Court. The language used in the prayer clause of
    the aforesaid petitions is, therefore, completely contrary to the plea
    that the petitioners were under an impression that their conviction
    also stood challenged.

    70. This Court also cannot ignore that the aforesaid revision

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    petitions filed in the year 2019 were duly signed and verified by the
    petitioners themselves. The accompanying affidavits which are
    required to be filed alongwith any petition also contain specific
    averments that the contents of the petitions had been read and
    understood by the petitioners and that the petitions had been drafted
    under their instructions. Thus, in this Court’s opinion, the petitioners
    herein cannot simply contend that they were entirely unaware of the
    nature of the proceedings instituted by them or of the ground and
    prayer mentioned in those petitions.

    71. Prima facie, the material available on record indicates that the
    petitioners had consciously chosen to challenge only the order on
    sentence and not the judgment affirming their conviction.

    72. Pertinently, the conduct of the petitioners – subsequent to the
    year 2019 – also does not support their plea that they remained under
    a bona fide misconception regarding the challenge to their
    conviction.

    (ii) Writ Petition No. 360/2022 filed before this Court

    73. It is material to note that in the year 2022, the petitioners had
    instituted a writ petition, i.e. W.P.(CRL.) 360/2022 before this Court,
    titled Mr. Rajpal Navrang Yadav & Anr. v. State of NCT of Delhi &
    Anr.. A
    perusal of the prayer clause in the said petition reveals that
    the grievance of the petitioners was confined to the issue of sentence
    awarded to them and the plea of double jeopardy. The petitioners had
    specifically pleaded that they could not have been sentenced twice

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    for the same offence and had sought to challenge the fresh order on
    sentence dated 22.05.2019 and the judgment of Sessions Court dated
    21.01.2019 only on the ground that the sentence awarded to them,
    despite the execution proceedings taken place before the High Court,
    amounted to double jeopardy. The prayer clause of the said writ
    petition is set out below:

    ―a. Issue a Writ of mandamus or like nature by directing the
    Ld. A.S.J., Kakardooma Court to send the entire record of the
    Criminal Revision Petitions Nos. 138- 144/2009 filed by
    petitioners as well as Criminal Revision Petitions No. 180-
    186/20 19 filed by the Decree Holder/ Respondent No.2 and
    after examining the record set aside the same as a person
    cannot be sentenced twice for the same offence otherwise it
    would be violation of Fundamental Rights against Double
    Jeopardy of Article 20 (2) of the Constitution of India and
    declare the order of Learned M.M. dated 22.05.2019 and order
    of Learned A.S.J. dated 21.01.2019 as bad in Law being
    Violative of fundamental rights.

    b. Pass any such further orders to do complete justice as this
    Hon’ble Court may deem fit.‖

    74. The aforesaid writ petition, vide order dated 16.02.2022, was
    permitted to be withdrawn, with liberty to raise all contentions before
    the learned Trial Court, including the contention that imposition of
    fine or non-payment of the amount under the proceedings under the
    NI Act would result in double jeopardy. The observations made by
    this Court, by way of following order, also demonstrate that the
    controversy raised before it pertained only to the issue of sentence
    and the consequences flowing therefrom, and not to the correctness
    of the conviction itself:

    ―2. After some arguments, learned counsel for the petitioner

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    seeks permission to withdraw the instant petition with liberty
    to raise all his contentions before the Trial Court including the
    contention that imposing a fine/non-payment of the amount in
    the proceedings under the Negotiable Instruments Act would
    result in double jeopardy for the petitioner inasmuch as the
    decree has already been executed.‖

    75. It is also material to note that the above writ petition was filed
    in the year 2022, by which time, more than three years had elapsed
    from the date of the impugned judgment dated 21.01.2019. Yet, the
    petitioners still did not institute any revision petitions before this
    Court challenging the judgment affirming their conviction, though
    they were actively litigating and pursuing remedies arising out of the
    same set of proceedings.

    76. It is also noteworthy that the petitioners have, over the years,
    engaged multiple counsels in these proceedings. The record, in fact,
    also reveals that the learned counsels who had appeared on behalf of
    the petitioners in W.P. (CRL.) 360/2022 (noted above) and the
    learned counsels who appeared in the present petitions before this
    Court on the last few dates of hearing are the same. However,
    initially before this Court, several other learned counsels and senior
    counsels had appeared on behalf of petitioners. Therefore, this is not
    a case where the petitioners herein remained represented by a single
    counsel throughout these years, who kept on misguiding the
    petitioners.

    77. In fact, the petitioners were actively pursuing their cases
    before different courts, engaging different counsel from time to time,
    and were fully aware of the pendency and status of their cases.

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    Despite this, for more than five years, they never chose to assail the
    judgment dated 21.01.2019 insofar as it affirmed their conviction for
    offence under Section 138 of the NI Act.

    78. In these circumstances, the explanation now offered – that the
    petitioners were under a misconception that the judgment of
    conviction had already been challenged and that they were misled by
    their earlier counsel who had filed the revision petitions in the year
    2019 – does not inspire the confidence of this Court.

    (iii) Whether ‘sufficient cause’ has been demonstrated by the
    petitioner?

    79. While observing so, this Court is conscious of the settled
    principle of law, that the expression ‗sufficient cause’ under Section
    5
    of the Limitation Act, 1963, should receive a liberal and justice-
    oriented interpretation by a court of law, and that a litigant should not
    ordinarily be non-suited on technical grounds alone. However, the
    law is equally well-settled that mere filing of an application for
    condonation of delay does not entitle a party to such relief as a matter
    of course. The explanation offered must be bona fide, reasonable and
    should satisfactorily explain the entire period of delay in filing a
    petition. A mere excuse cannot be elevated to the status of a
    sufficient cause.

    80. Also, this Court cannot lose sight of the fact that the petitioners
    seek to attribute the entire delay to incorrect legal advice tendered by
    their earlier counsel. In this regard, this Court is constrained to note

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    that petitioner no. 1 herein is an accomplished actor, who is
    possessed of sufficient means and resources, and has throughout been
    represented by experienced and eminent members of the Bar. This is
    not a case of an uninformed or otherwise disadvantaged litigant who
    would be unable to understand the nature of the proceedings being
    pursued on his behalf. In such circumstances, the plea that the
    petitioners remained under a misconception for more than five years,
    and believed that they had challenged their conviction as well,
    despite them actively pursuing legal proceedings before different
    courts and engaging several counsels during this period, cannot be
    accepted, and a litigant cannot, after remaining silent for years, be
    permitted to simply shift the entire blame on his counsel and seek
    condonation of an inordinate delay in availing a legal remedy.

    81. In this regard, this Court takes note of the decision of the
    Hon’ble Supreme Court in Esha Bhattacharjee v. Managing
    Committee of Raghunathpur Nafar Academy
    : (2013) 12 SCC 649,
    wherein the Court laid down the broad principles governing
    condonation of delay and emphasised, inter alia, that lack of bona
    fides, gross negligence and fanciful explanations are relevant
    considerations while deciding such applications. The relevant
    observations read as under:

    ―21. From the aforesaid authorities the principles that can
    broadly be culled out are:

    21.1. (i) There should be a liberal, pragmatic, justice-oriented,
    non-pedantic approach while dealing with an application for
    condonation of delay, for the courts are not supposed to
    legalise injustice but are obliged to remove injustice.
    21.2. (ii) The terms “sufficient cause” should be understood

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    in their proper spirit, philosophy and purpose regard being
    had to the fact that these terms are basically elastic and are
    to be applied in proper perspective to the obtaining fact-
    situation.

    21.3. (iii) Substantial justice being paramount and pivotal the
    technical considerations should not be given undue and
    uncalled for emphasis.

    21.4. (iv) No presumption can be attached to deliberate
    causation of delay but, gross negligence on the part of the
    counsel or litigant is to be taken note of.

    21.5. (v) Lack of bona fides imputable to a party seeking
    condonation of delay is a significant and relevant fact.
    21.6. (vi) It is to be kept in mind that adherence to strict proof
    should not affect public justice and cause public mischief
    because the courts are required to be vigilant so that in the
    ultimate eventuate there is no real failure of justice.
    21.7. (vii) The concept of liberal approach has to encapsulate
    the conception of reasonableness and it cannot be allowed a
    totally unfettered free play.

    21.8. (viii) There is a distinction between inordinate delay and
    a delay of short duration or few days, for to the former doctrine
    of prejudice is attracted whereas to the latter it may not be
    attracted. That apart, the first one warrants strict approach
    whereas the second calls for a liberal delineation.
    21.9. (ix) The conduct, behaviour and attitude of a party
    relating to its inaction or negligence are relevant factors to
    be taken into consideration. It is so as the fundamental
    principle is that the courts are required to weigh the scale
    of balance of justice in respect of both parties and the said
    principle cannot be given a total go by in the name of
    liberal approach.

    21.10. (x) If the explanation offered is concocted or the
    grounds urged in the application are fanciful, the courts
    should be vigilant not to expose the other side unnecessarily
    to face such a litigation.

    21.11. (xi) It is to be borne in mind that no one gets away
    with fraud, misrepresentation or interpolation by taking
    recourse to the technicalities of law of limitation.
    21.12. (xii) The entire gamut of facts are to be carefully
    scrutinised and the approach should be based on the paradigm
    of judicial discretion which is founded on objective reasoning
    and not on individual perception.

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    21.13. (xiii) The State or a public body or an entity
    representing a collective cause should be given some
    acceptable latitude.

    22. To the aforesaid principles we may add some more
    guidelines taking note of the present day scenario. They are:
    22.1. (a) An application for condonation of delay should be
    drafted with careful concern and not in a haphazard manner
    harbouring the notion that the courts are required to condone
    delay on the bedrock of the principle that adjudication of a lis
    on merits is seminal to justice dispensation system.
    22.2. (b) An application for condonation of delay should not be
    dealt with in a routine manner on the base of individual
    philosophy which is basically subjective.

    22.3. (c) Though no precise formula can be laid down regard
    being had to the concept of judicial discretion, yet a conscious
    effort for achieving consistency and collegiality of the
    adjudicatory system should be made as that is the ultimate
    institutional motto.

    22.4. (d) The increasing tendency to perceive delay as a
    non-serious matter and, hence, lackadaisical propensity can
    be exhibited in a nonchalant manner requires to be curbed,
    of course, within legal parameters.‖
    (emphasis added)

    82. Similarly, in Union of India v. Jahangir Byramji Jeejeebhoy
    (D) Through His LRs
    .: 2024 SCC OnLine SC 489, the Hon’ble
    Supreme Court reiterated that the length of the delay is itself a
    relevant factor and that where a party has lost its right by reason of its
    own inaction for a long period of time, the delay cannot ordinarily be
    presumed to be non-deliberate. The Supreme Court further held that
    before considering the merits of the main matter, the Court must first
    examine the bona fides of the explanation offered for the delay. The
    relevant observations are extracted below:

    ―26. The length of the delay is a relevant matter which the
    court must take into consideration while considering whether

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    the delay should be condoned or not. From the tenor of the
    approach of the appellants, it appears that they want to fix their
    own period of limitation for instituting the proceedings for
    which law has prescribed a period of limitation. Once it is held
    that a party has lost his right to have the matter considered on
    merits because of his own inaction for a long, it cannot be
    presumed to be non-deliberate delay and in such circumstances
    of the case, he cannot be heard to plead that the substantial
    justice deserves to be preferred as against the technical
    considerations. While considering the plea for condonation of
    delay, the court must not start with the merits of the main
    matter. The court owes a duty to first ascertain the bona fides
    of the explanation offered by the party seeking condonation. It
    is only if the sufficient cause assigned by the litigant and the
    opposition of the other side is equally balanced that the court
    may bring into aid the merits of the matter for the purpose of
    condoning the delay.‖

    83. Likewise, in State of Odisha v. Managing Committee of
    Namatara Girls High School
    : 2026 SCC OnLine SC 191, while
    refusing to condone delay of 123 days in filing the Special Leave
    Petition and a further delay of 96 days in re-filing the same, the
    Hon’ble Supreme Court reiterated that condonation of delay is not a
    matter of right and it rests entirely within the discretion of the Court.
    The Supreme Court also drew a distinction between a genuine
    explanation and a mere excuse put forward to justify the delay.

    84. This Court also takes note of the observations of the Hon’ble
    Supreme Court in Salil Dutta v. T.M. and M.C. Private Ltd.: (1993)
    2 SCC 185, wherein it was held that a litigant cannot completely
    absolve itself of responsibility and attribute the entire blame to its
    advocate while claiming to be unaware of the nature and significance
    of the proceedings. The relevant observations read as under:

    ―8. The advocate is the agent of the party. His acts and

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    statements, made within the limits of authority given to
    him, are the acts and statements of the principal i.e. the
    party who engaged him. It is true that in certain situations, the
    court may, in the interest of justice, set aside a dismissal
    order or an ex parte decree notwithstanding the negligence
    and/or misdemeanour of the advocate where it finds that
    the client was an innocent litigant but there is no such
    absolute rule that a party can disown its advocate at any
    time and seek relief. No such absolute immunity can be
    recognised. Such an absolute rule would make the working
    of the system extremely difficult. The observations made in
    Rafiq [(1981) 2 SCC 788 : AIR 1981 SC 1400] must be
    understood in the facts and circumstances of that case and
    cannot be understood as an absolute proposition. As we have
    mentioned hereinabove, this was an on-going suit posted for
    final hearing after a lapse of seven years of its institution. It
    was not a second appeal filed by a villager residing away
    from the city, where the court is located. The defendant is
    also not a rustic ignorant villager but a private limited
    company with its head-office at Calcutta itself and
    managed by educated businessmen who know where their
    interest lies. It is evident that when their applications were not
    disposed of before taking up the suit for final hearing they felt
    piqued and refused to appear before the court. Maybe, it was
    part of their delaying tactics as alleged by the plaintiff. Maybe
    not. But one thing is clear — they chose to non-cooperate with
    the court. Having adopted such a stand towards the court, the
    defendant has no right to ask its indulgence. Putting the entire
    blame upon the advocate and trying to make it out as if they
    were totally unaware of the nature or significance of the
    proceedings is a theory which cannot be accepted and ought
    not to have been accepted…‖
    (emphasis added)

    85. In Rajneesh Kumar v. Ved Prakash: 2024 SCC OnLine SC
    3380, the Hon’ble Supreme Court cautioned against the increasing
    tendency of litigants to attribute the entire blame to their advocates
    and held that even if an advocate has been negligent, such negligence
    by itself cannot furnish a ground to condone a long and inordinate
    delay, as a litigant is equally expected to remain vigilant regarding

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    proceedings initiated at his own instance. The relevant observations
    are as follows:

    ―10. It appears that the entire blame has been thrown on the
    head of the advocate who was appearing for the petitioners in
    the trial court. We have noticed over a period of time a
    tendency on the part of the litigants to blame their lawyers
    of negligence and carelessness in attending the proceedings
    before the court. Even if we assume for a moment that the
    concerned lawyer was careless or negligent, this, by itself,
    cannot be a ground to condone long and inordinate delay as
    the litigant owes a duty to be vigilant of his own rights and
    is expected to be equally vigilant about the judicial
    proceedings pending in the court initiated at his instance.
    The litigant, therefore, should not be permitted to throw the
    entire blame on the head of the advocate and thereby disown
    him at any time and seek relief…‖
    (emphasis added)

    86. The principles flowing from these judicial precedents make it
    abundantly clear that while courts should adopt a justice-oriented
    approach, the concepts of liberal interpretation and substantial justice
    cannot be stretched to condone every inordinate delay on the basis of
    explanations that are devoid of bona fides or are contrary to the
    record or a in the nature of mere excuses.

    (iv) The Conduct of Petitioner no. 1 before this Court

    87. This Court also cannot overlook the manner in which the
    present proceedings have progressed before it.

    88. The delay in filing the revision petitions was never condoned
    by the Predecessor Benches of this Court. In fact, on the very first
    date of hearing, the Predecessor Bench was not even inclined to
    entertain these petitions on merits, as clearly noted in the order dated

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    28.06.2024. It was only on the statement made by the learned Senior
    Counsel appearing for the petitioners, that the petitioners were
    willing to explore the possibility of an amicable settlement with the
    complainant, that indulgence was shown and the parties were referred
    to mediation. This is evident from the following paragraphs of order
    dated 28.06.2024:

    ―8. Although, this Court on a careful reading of the impugned
    common judgment, finds no grounds to interfere on the merits
    of this petition, however, considering the plea advanced by the
    learned Senior Counsel for the petitioners, and for the fact that
    the petitioners are not hardened criminals, the sentence
    awarded by the impugned common judgment/order dated

    29.05.2024 is hereby suspended till the next date of hearing,
    subject to the petitioners submitting personal bond in the sum
    of Rs. 1,00,000/- with one surety in the like amount, subject to
    the satisfaction of the learned MM/duty MM.Further, subject to
    the petitioners adopting sincere and genuine measures to
    explore the possibility of reaching an amicable settlement with
    respondent No. 1.

    xxx

    10. In the interregnum, the matter be listed before the Judge
    InCharge of Delhi High Court Mediation Centre (DHM&CC),
    for exploring the possibility of an amicable settlement between
    the parties on 08.07.2024 at 02:30 PM after issuing notice to
    respondent No.l and his counsel. Steps shall be taken to serve
    notice upon respondent No. 1 for the said date before the
    DHM&CC at the cost and expense of the petitioners.‖

    89. In the meantime, the petitioners herein had also challenged the
    order dated 28.06.2024 before the Hon’ble Supreme Court by way of
    Special Leave Petitions, which were dismissed vide order dated
    25.04.2025. However, it was clarified that the mediator concerned
    would remain uninfluenced by the observations made in paragraph 8
    of order dated 28.06.2024. The order of the Supreme Court is

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    extracted hereunder:

    ―2. After hearing learned counsel for the petitioners, we are not
    inclined to entertain the present special leave petitions.
    However, it is suffice to observe that the mediator while
    mediating the issues shall not be influenced by the
    observations made in paragraph 8 of the order impugned.

    3. Accordingly, the Special Leave Petitions are dismissed.‖

    90. Furthermore, a perusal of the orders passed by this Court, in
    the present batch of petitions, would reveal that these cases were kept
    pending, only to afford the petitioners an opportunity to settle the
    dispute with the complainant. On the first date of hearing itself, i.e.
    28.06.2024, the matter was referred to the Delhi High Court
    Mediation and Conciliation Centre. A year later, this Court vide order
    dated 31.07.2025, had observed that sentence awarded to the
    petitioner no. 1 was suspended by the Court only on his undertaking
    that he would settle the matter, yet no payment had been made.

    91. On 22.08.2025, this Court was informed by the learned senior
    counsel for the petitioners that two Demand Drafts of ₹50 lakhs and
    ₹25 lakhs respectively would be deposited with the Registrar General
    of this Court, and that an amount of ₹9 crores still remained payable
    to the respondents. However, the said DDs were deposited only
    pursuant to the order dated 17.10.2025.

    92. On 17.10.2025, the petitioners had assured this Court that they
    would make a payment of ₹2.5 crores to the respondent no. 1 in
    about one month. However, this undertaking was never complied
    with and one excuse or the other was given on every date of hearing,

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    and eventually, since no such payment was made, this Court, vide
    order dated 02.02.2026, was constrained to recall the order
    suspending the sentence and direct the petitioner no. 1 to surrender
    before the jail authorities.

    93. Thereafter, the family members of petitioner no. 1, on his
    instructions, had paid an amount of ₹1.5 crores to the
    complainant/respondent no. 1, pursuant to which, his sentence was
    again suspended by this Court vide order dated 16.02.2026.

    94. However, after already having made a payment of about ₹2.25
    crores towards settlement to the complainant/respondent no. 1, the
    petitioner no. 1, changed his counsels, and appeared before this Court
    and refused to make any further payments.

    95. The course adopted by the petitioner in the present proceedings
    indicates that, despite the extraordinary delay of more than five years
    in filing these revision petitions, he was granted repeated indulgence
    by this Court and afforded every opportunity to resolve the dispute.

    However, in the end, the petitioner did not stand by the undertakings
    given by him and on his behalf through several learned Senior
    Counsels appearing before this Court, and instead took the stand that
    his previous counsels had not properly guided him in the proceedings
    before this Court. In the considered view of this Court, this
    explanation of being misguided by a counsel cannot be repeatedly
    invoked every time a litigant wishes to resile from an earlier stand or
    avoid the consequences of his own conduct.

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    (v) Conclusion

    96. Be that as it may, having considered the entire factual matrix,
    the explanation furnished by the petitioners, the material on record,
    the conduct of petitioner no. 1 throughout the proceedings, and the
    settled principles governing condonation of delay, this Court is of the
    considered opinion that the petitioners have failed to make out any
    sufficient cause for condoning the extraordinary delay of 1,894 days
    in filing the present revision petitions, challenging the judgment of
    conviction dated 21.01.2019. The explanation that they remained
    under a misconception for more than five years that their conviction
    had already been challenged is neither borne out from the record nor
    inspires confidence of this Court, and equally unpersuasive is the
    attempt to attribute the entire delay to the alleged incorrect legal
    advice of their previous counsel.

    97. In the facts of the present case, this Court finds that the
    explanation offered is devoid of bona fides and falls short of the
    standard required for condoning such an inordinate delay. This Court,
    therefore, finds no ground to exercise its discretionary jurisdiction in
    favour of the petitioners.

    98. For the reasons recorded hereinabove, the applications seeking
    condonation of delay, i.e. CRL.M.A. Nos. 18596/24, 18628/24,
    18635/24, 18639/24, 18643/24, 18647/24 and 18651/24, are
    dismissed.

    99. As a sequitur thereto, the revision petitions, i.e. CRL.REV.P.
    Nos. 797/2024, 798/2024, 799/2024, 800/2024, 801/2024, 802/2024

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    and 803/2024 are also dismissed.

    100. Consequently, the impugned judgment dated 21.01.2019 is
    upheld.

    B. Criminal Miscellaneous Petitions challenging the Judgment
    dated 29.05.2024 and for Quashing of Complaint Cases

    101. The particulars of the fourteen criminal miscellaneous petitions
    under Section 482 of Cr.P.C., challenging the common judgment
    dated 29.05.2024 passed by the learned Sessions Court in the
    fourteen revision petitions arising out of the order on sentence dated
    22.05.2019, are tabulated below. It is to be noted that seven of these
    petitions also seek quashing of the complaint cases under Section 138
    of NI Act.

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    102. The petitioners, by way of the present petitions under Section
    482
    of the Cr.P.C., have essentially laid a two-fold challenge. First,
    they assail the very maintainability of the complaints instituted by
    respondent no. 1 under Section 138 of the NI Act and seek their
    quashing by invoking the inherent jurisdiction of this Court,
    contending that permitting the complaints to continue amounts to an
    abuse of the process of law. Second, they challenge the common
    judgment dated 29.05.2024 passed by the learned Sessions Court
    insofar as it relates to the sentence awarded to the petitioners in the
    said complaint cases.

    (i) Whether the Complaint Cases under Section 138 of NI Act
    deserve to be quashed?

    103. At the outset, it is noted that these petitions under Section 482
    of Cr.P.C. came to be filed only in the year 2024, seeking quashing

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    of complaint cases which were instituted as far back as in the year
    2013. By the time these petitions were instituted, the complaints had
    already culminated in judgments of conviction dated 13.04.2018
    passed by the learned Trial Court, which had further been affirmed
    by the learned Sessions Court vide judgment dated 21.01.2019. Thus,
    what is sought to be quashed at this stage by the petitioners are
    complaint cases in which the trial has concluded long ago and the
    petitioners already stand convicted.

    104. As held in the preceding part of this judgment, the criminal
    revision petitions challenging the judgment dated 21.01.2019
    affirming the conviction were themselves filed after an extraordinary
    delay of more than five years. This Court has found no sufficient
    cause to condone the said delay and, accordingly, the revision
    petitions have been dismissed as barred by limitation. The findings of
    conviction recorded by the learned Trial Court vide judgment dated
    13.04.2018 and affirmed by the learned Sessions Court vide
    judgment dated 21.01.2019, therefore, remain undisturbed.

    105. In these circumstances, the present petitions under Section 482
    of Cr.P.C., insofar as they seek quashing of the complaint cases
    themselves, clearly appear to be yet another attempt of the petitioners
    to assail their conviction, indirectly, by invoking the inherent
    jurisdiction of this Court. This Court was, therefore, not inclined to
    entertain these petitions also, considering the delay and laches on the
    part of the petitioners in seeking quashing of complaint cases after
    more than eleven years of their institution and after the entire trial

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    had concluded in conviction.

    106. However, since petitioner no. 1, both in person and through his
    learned counsel, repeatedly urged before this Court that the
    petitioners are, in fact, the real victims in the present case and that
    they have been wrongly convicted in these cases which, according to
    them, had ceased to be maintainable in law, this Court considers it
    appropriate to examine the principal grounds urged in support of the
    present petitions and adjudicate the same on merits.

    107. To reiterate, essentially, the main argument of the learned
    counsel for the petitioners seeking quashing of the complaint cases is
    that these complaints under Section 138 of NI Act had ceased to be
    maintainable. It was argued that these seven complaints arose out of
    the dishonour of cheques issued pursuant to the original agreement
    and the three supplementary agreements, the last being dated
    09.08.2012. But thereafter, the parties had entered into a Consent
    Agreement dated 21.04.2013, and arrived at a full and final
    settlement. Under this settlement, the liability was restructured; four
    fresh post-dated cheques aggregating to ₹10 crores were issued; and
    the settlement ultimately culminated in the consent decree dated
    27.01.2016. According to the petitioners, once the complainant
    accepted the fresh settlement and the fresh cheques, the earlier cause
    of action stood extinguished and merged into the new settlement.
    Therefore, the original complaints under Section 138 of NI Act could
    no longer survive. If the settlement failed, the complainant’s
    remedies were: to prosecute the dishonour of the four fresh

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    settlement cheques, or pursue civil remedies for breach of settlement,
    but not to continue the original complaints. Heavy reliance was
    placed on the decision in Gimpex (P) Ltd. (supra) to argue that a
    subsequent settlement ‗subsumes’ the earlier complaint. They also
    relied upon paragraph 5 of the consent decree dated 27.01.2016,
    where it was recorded that the original agreement and supplementary
    agreements would not revive.

    108. The learned counsel for the respondent no. 1/complainant
    disputed the above interpretation and contended that the Consent
    Agreement dated 21.04.2013 did not supersede or novate the Third
    Supplementary Agreement, as they were only supplemental in nature.
    Most importantly, Clause 6 of the Consent Terms expressly governed
    the fate of the pending criminal complaints, by providing that the
    seven complaint cases would be withdrawn only upon receipt of the
    entire ₹10 crores under the settlement; and since admittedly, the
    petitioners never paid the settlement amount, the contingency for
    withdrawal never arose. Therefore, respondent no. 1 was
    contractually entitled to continue prosecuting the original complaints.
    It was also argued that the four settlement cheques were issued
    merely as security for performance of the settlement, and not as
    substitutes for the earlier dishonoured cheques. Consequently,
    respondent no. 1 rightly did not institute fresh Section 138
    complaints on the settlement cheques, because the Consent Terms
    themselves contemplated continuation of the pending complaints
    upon default. It was contended that decision in Gimpex (P) Ltd.
    (supra) is clearly distinguishable on facts.

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    109. Insofar as the aforesaid contention of the petitioners is
    concerned, this Court notes that there is no dispute regarding the
    broad sequence of events between the parties. The record reveals that
    the parties had initially entered into the agreement dated 30.05.2010,
    which was thereafter followed by three Supplementary Agreements
    dated 21.09.2011, 04.04.2012 and 09.08.2012. Pursuant to the Third
    and last Supplementary Agreement dated 09.08.2012, eight post-
    dated cheques were issued, out of which seven cheques are the
    subject matter of the present complaint cases. Upon dishonour of the
    said seven cheques and completion of the statutory requirements
    under Section 138 of the NI Act, respondent no. 1 had instituted the
    seven complaint cases in the year 2013.

    110. It is also a matter of record that, during the pendency of the
    said complaint cases, the parties entered into a Consent Agreement
    dated 21.04.2013 with a view to amicably resolve their disputes.
    Under the said agreement, the petitioners agreed to pay a total sum of
    ₹10.40 crores to respondent no. 1, out of which ₹40 lakhs had already
    been paid through RTGS and the balance amount of ₹10 crores was
    agreed to be paid in four instalments, i.e., ₹5 crores on or before
    31.07.2013, ₹3 crores on or before 31.12.2013, ₹1 crore on or before
    30.06.2014 and the remaining ₹1 crore on or before 30.09.2014. To
    secure this amount, four post-dated cheques corresponding to the
    aforesaid instalments were also issued by the petitioners in favour of
    respondent no. 1. Thus, the settlement contemplated not only the
    restructuring of the payment schedule but also the issuance of fresh
    cheques as security for payment of the agreed settlement amount.

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    111. However, it is an admitted position that the petitioners herein
    failed to adhere to the terms and conditions of the Consent
    Agreement. The agreed installments were not paid in accordance
    with the settlement and the obligations undertaken by the petitioners
    remained unfulfilled. In the meantime, the civil suit instituted by
    respondent no. 1, being CS (OS) No. 3037/2012, also came to be
    decreed by this Court vide judgment and decree dated 27.01.2016 in
    terms of the Consent Agreement dated 21.04.2013. Even thereafter,
    since the decretal amount remained unpaid, respondent no. 1 was
    constrained to initiate execution proceedings for enforcement of the
    said money decree.

    112. In this background, it becomes material to examine Clause 6 of
    the Consent Agreement dated 21.04.2013, which specifically governs
    the effect of the settlement on the pending complaint cases under
    Section 138 of the NI Act. The same reads as under:

    ―6. Murli Projects Pvt. Ltd. has instituted 8 (Eight) complaints under
    Section 138 N.I. Act against the above contemnors before Addl.
    Chief Metropolitan Magistrate, Karkardooma in respect of Cheque
    Nos. 021677, 021678, 021679, 021680, 021681, 021682, 021683
    and 021684 issued by the said contemnors. The Ld. Court has issued
    summons in the said 138 N.I. Cases. However, in view of the above
    settlement, till 31.7.2013, Murli Projects Pvt. Ltd. shall ensure that
    no coercive steps are taken in respect of their 138 N.I.A cases. In
    case the cheque issued for the payment of Rs.5 crores (Rupees five
    crores) is encashed or payment is made otherwise of Rs.5 crores
    (Rupees five crores) prior to 31.7.2013 then Murli Projects Pvt. Ltd.
    shall not take any coercive steps in respect of these cheques till
    31.12.2013 and similarly steps will be taken in this regard in respect
    of the subsequent two cheques dated 30.6.2014 and 30.9.2014. In
    case any of the 4 payments are not made, then Murli Projects Pvt.

    Ltd. shall be at liberty to proceed with the said criminal case against
    the Contemnors and others in accordance with law. In case the
    payment of Rs.10 crores is received in total as per the above
    schedule ending on 30.9.2014 then Murli Projects Pvt. Ltd. shall

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    withdraw the above criminal cases instituted against the
    contemnors.‖

    113. A plain reading of the aforesaid clause leaves no room for
    ambiguity, inasmuch as the parties had consciously agreed that the
    pending complaint cases would not be withdrawn merely because a
    settlement had been arrived at or because fresh cheques had been
    issued pursuant thereto. On the contrary, the agreement clearly
    stipulated that respondent no. 1 would only defer taking coercive
    steps in the pending complaint cases, subject to the petitioners
    honouring the payment schedule agreed upon under the Consent
    Agreement. The clause further specifically provided that, in the event
    any of the four agreed payments was not made, respondent no. 1
    would be at liberty to proceed with the pending criminal cases in
    accordance with law. It was only upon receipt of the entire settlement
    amount of ₹10 crores in accordance with the agreed schedule that
    respondent no. 1 had undertaken to withdraw the pending complaint
    cases.

    114. Admittedly, the petitioners failed to comply with the payment
    schedule under the Consent Agreement. The contingency upon which
    withdrawal of the complaint cases depended, therefore, never arose.
    Consequently, respondent no. 1 became entitled, in terms of Clause 6
    itself, to continue prosecuting the pending complaint cases. In view
    of this specific stipulation in the Agreement, the argument advanced
    on behalf of the petitioners that respondent no. 1 was obliged to
    withdraw the complaint cases or that the complaints had
    automatically ceased to be maintainable upon execution of the

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    Consent Agreement is wholly misconceived and without merit.

    115. The petitioners have also sought to rely upon paragraph 5 of
    the order dated 27.01.2016 passed by this Court while decreeing CS
    (OS) No. 3037/2012. The said paragraph reads as under:

    5. There would be some ambiguity on account of the language
    contained in paragraph 7 of the consent terms/Agreement dated
    21.04.2013, but the counsel for the plaintiff concedes that the
    original agreement and the supplementary agreement as mentioned
    in para 7 of the consent terms/Agreement dated 21.04.2013, do not
    revive, and the plaintiff will be satisfied on receiving the amounts as
    stated in the consent terms/Agreement dated 21.04.2013.

    116. This Court is unable to accept the interpretation sought to be
    placed upon the aforesaid paragraph by the petitioners. The
    observations contained in paragraph 5 only clarifies that, upon
    respondent no. 1 receiving the entire settlement amount in terms of
    the Consent Agreement, the earlier agreements and supplementary
    agreements would not revive and the complainant would stand
    satisfied with the settlement amount. However, the present case does
    not fall within that eventuality, since the petitioners had failed to
    honour the settlement and had not paid the agreed amount in terms of
    the Consent Agreement. The situation arising from such default was
    specifically contemplated and governed by Clause 6 of the Consent
    Agreement itself, which expressly preserved the right of respondent
    no. 1 to continue with the pending complaint cases in the event of
    non-payment. Therefore, paragraph 5 of the order dated 27.01.2016,
    which clarified Clause 7 of the Agreement, cannot be read so as to
    nullify or override the express stipulation contained in Clause 6 of
    the Agreement.

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    117. In this background, this Court is of the considered opinion that
    the reliance placed by the petitioners on the decision of the Hon’ble
    Supreme Court in Gimpex (P) Ltd. (supra) is also misplaced. In the
    said case, the Hon’ble Supreme Court was dealing with a case where
    a complaint under Section 138 of the NI Act had initially been filed
    on account of the dishonour of a set of cheques. During the pendency
    of the said complaint, the parties had entered into a settlement
    pursuant to which fresh cheques were issued by the accused towards
    compliance with the settlement. Those settlement cheques were also
    dishonoured, leading to the institution of a second complaint under
    Section 138 of the NI Act. Consequently, there existed two sets of
    complaint cases arising out of the same underlying transaction – one
    based on the dishonour of the original cheques and the other based on
    the dishonour of the settlement cheques. In those facts, the Hon’ble
    Supreme Court held that permitting both prosecutions to continue
    would be contrary to the object of the NI Act. It was observed that
    once the parties had entered into a settlement and the complainant
    had chosen to prosecute the dishonour of the settlement cheques, the
    earlier complaint could not be continued, as a complainant cannot
    pursue two parallel prosecutions in respect of the same underlying
    transaction.

    118. The facts of the present case, however, stand on an entirely
    different footing. Though the petitioners had issued four post-dated
    cheques pursuant to the Consent Agreement dated 21.04.2013, the
    said cheques were never presented for encashment by respondent no.
    1 and, consequently, no fresh complaints under Section 138 of the NI

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    Act were ever instituted on that ground. Thus, the situation of two
    parallel prosecutions, which weighed with the Hon’ble Supreme
    Court in Gimpex (P) Ltd. (supra), simply does not arise in the
    present case. More importantly, the petitioners and the respondent no.
    1 herein themselves had consciously agreed, as per Clause 6 of the
    Consent Agreement, that in the event of default in making any of the
    agreed payments, respondent no. 1 would be at liberty to proceed
    with the pending complaint cases. Thus, unlike Gimpex (P) Ltd.
    (supra), where the complainant had chosen to prosecute the
    dishonour of the subsequent cheques, respondent no. 1, in the present
    case, has acted strictly in accordance with the terms of the settlement
    itself by continuing the complaint cases already pending against the
    petitioners. The continuation of those complaints was, therefore, not
    only permissible in law but was also in consonance with the express
    agreement entered into between the parties.
    Therefore, this Court is
    of the considered opinion that the reliance placed by the petitioners
    on Gimpex (P) Ltd. (supra) is misconceived and does not advance
    their case in any manner whatsoever.

    119. Consequently, this Court finds the principal ground, on which
    quashing of the complaint cases has been sought, to be devoid of
    merit.

    120. Accordingly, the prayer seeking quashing of the complaint
    cases is rejected.

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    (ii) Whether there is any infirmity in the impugned judgment dated
    29.05.2024?

    121. The petitioners have also challenged, on several grounds, the
    impugned judgment dated 29.05.2024, which relates to the order on
    sentence. The principal contention is that petitioner no. 1 cannot be
    subjected to imprisonment in the present complaint cases since he
    had already undergone detention in civil prison for a period of three
    months in the execution proceedings arising out of the money decree
    passed by this Court. It is thus argued that any further sentence of
    imprisonment would amount to double jeopardy. The petitioners
    have also contended that the Courts below have failed to
    appropriately adjust the amounts already paid by them to the
    complainant while determining the quantum of fine and
    compensation.

    122. Insofar as the plea of double jeopardy is concerned, the
    learned Sessions Court has examined the issue in considerable detail
    in the impugned judgment dated 29.05.2024 and has dealt with the
    same by making the following observations:

    ―14. The second limb of argument that the order dated 22.05.2019
    amounts to double jeopardy as the Revisionist No.2 has already
    undergone civil imprisonment for a period of three months in the
    Execution No. 69/2016 is also devoid of merit. The concept of
    double jeopardy is enshrined in Article 20(2) of the constitution of
    India and section 300 Cr.P.C. Article 20(2) prohibits a person from
    being prosecuted and punished for the same offense more than once.
    This principle of double jeopardy prevents individuals from being
    subjected to multiple trials or punishments for the same offense.
    Section 300 Cr.PC also envisages the concept of double jeopardy.
    The section reads as under:

    xxx

    15. Article 20(2) and section 300 Cr.PC protects individuals from

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    being subjected to multiple trials or punishments for the same
    offense and does not bar simultaneous institution of proceedings
    under civil and criminal law. Civil imprisonment in execution of a
    decree cannot be equated to punishment for an offence and therefore
    the principle of double jeopardy has no applicability in the present
    case. In complaint under section 138 Negotiable Instrument Act,
    dishonour of a cheque is a cognizable offence subject to fulfilment of
    condition precedent as laid down in the proviso appended thereto.

    The cause of action for institution of the civil suit is grant of loan
    whereas that of the criminal case was return of a cheque inter alia on
    the premise that the account of the accused was insufficient to
    honour it or that it exceeded the amount arranged to be paid from
    that account by an agreement with the Bank. Both the proceedings
    may be instituted simultaneously. Hon’ble Supreme Court in
    Vishnu Dutt Sharma v. Daya Sapra, (2009) 13 SCC 729 held as
    under:

    8. There cannot be any doubt or dispute that a creditor
    can maintain a civil and criminal proceeding at the same
    time. Both the proceedings, thus, can run parallel. The fact
    required to be proved for obtaining a decree in the civil
    suit and a judgment of conviction in the criminal
    proceedings may be overlapping but the standard of proof
    in a criminal case vis-à-vis a civil suit, indisputably is
    different. Whereas in a criminal case the prosecution is
    bound to prove the commission of the offence on the part
    of the accused beyond any reasonable doubt, in a civil suit
    “preponderance of probability” would serve the purpose
    for obtaining a decree.

    9. Section 138 of the Negotiable Instruments Act provides
    that dishonour of a cheque subject to fulfilment of
    condition precedent as laid down in the proviso appended
    thereto is a cognizable offence.

    10. The cause of action for institution of the civil suit was
    grant of loan whereas that of the criminal case was return
    of a cheque inter alia on the premise that the account of
    the accused was insufficient to honour it or that it
    exceeded the amount arranged to be paid from that
    account by an agreement with the Bank.

    11. Section 138 of the Act contains a non obstante clause.

    In terms of Section 139 of the Act, a presumption in
    favour of the holder of the cheque may be raised that he
    had received the cheque of the nature referred to in
    Section 138 for the discharge, in whole or in part, of any
    debt or other liability.

    xxx xxx xxx

    28. If judgment of a civil court is not binding on a criminal
    court, it is incomprehensible that a judgment of a criminal

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    court will be binding on a civil court. We have noticed
    hereinbefore that Section 43 of the Evidence Act
    categorically states that judgments, orders or decrees,
    other than those mentioned in Sections 40, 41 and 42 are
    irrelevant, unless the existence of such judgment, order or
    decree, is a fact in issue, or is relevant in some other
    provisions of the Act, no other provisions of the Evidence
    Act
    or for that matter any other statute had been brought
    to our notice.”

    16. The recovery initiated on the basis of a debt and a criminal
    proceeding initiated under section 138 Negotiable Instrument Act on
    dishonour of cheque and non-payment of cheque amount may be
    instituted simultaneously and decision in one is not binding on other.
    Furthermore even a person can be tried for two distinct offences
    arising out of same cause of action. In R.P. Mathur Prop. Radhika
    Leather Fashions v. S.R.P. Industries Ltd.
    , 2009 SCC OnLine Del
    259, Hon’ble High Court held as under:

    13. Thus, in the facts of this case two sets of offence have
    been disclosed categorically and clearly, that is offence of
    cheating in relation to the complaint subject matter of the
    CBI investigation and commission of offence under Section
    138
    of N.I. Act on account of non-payment of the cheque
    amount within the time prescribed for which the notice
    was issued to the petitioner by the complainant in
    accordance with the scheme of the provisions under
    Section 138 of the N.I. Act. It is not a case of double
    jeopardy inasmuch as separate punishments are provided
    for the two set of offences, that is for dishonouring of the
    cheque under Section 138 of the N.I. Act which cannot
    exonerate the petitioner for having committed other
    offences under Section 420/477A/120B IPC to have
    cheated the complainant on the basis of false assurance
    given by him supported by the bankers etc.

    17. The Hon’ble Supreme Court in Sangeetaben Mahendrabhai
    Patel v. State of Gujarat
    , (2012) 7 SCC 621 held that to attract the
    principle of Double Jeopardy enshrined under Article 20(2) of the
    constitution of India and section 300 Cr.PC., the ingredients of the
    offences in the earlier case as well as in the latter case must be the
    same and not different and observed as under:

    24. In view of the above, the law is well settled that in
    order to attract the provisions of Article 20(2) of the
    Constitution i.e. doctrine of autrefois acquit or Section 300
    Cr.P.C. or Section 71 IPC or Section 26 of General
    Clauses Act, ingredients of the offences in the earlier case
    as well as in the latter case must be the same and not
    different. The test to ascertain whether the two offences
    are the same is not identity of the allegations but the

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    identity of the ingredients of the offence. Motive for
    committing offence cannot be termed as ingredients of
    offences to determine the issue. The plea of autrefois
    acquit is not proved unless it is shown that the judgment of
    acquittal in the previous charge necessarily involves an
    acquittal of the latter charge.

    In the present case, order dated 27.01.2016 passed in CS(OS)
    3037/2012 by the Hon’ble High Court, whereby the suit was
    disposed off and decreed in favour of the plaintiff (complainant) and
    against the defendants (Revisionists) as per the terms recorded in the
    consent terms/Agreement dated 21.04.2013 cannot be deemed to be
    trial for an offence and order passed in execution cannot be deemed
    to be conviction of the Revisionists for an offence so as to attract the
    principle of double jeopardy. The contention that since the
    Revisionist No.1 has been sent to civil prison for three months by the
    Hon’ble High Court vide order dated 30.11.2018, nothing remains
    for Ld. MM or this court to proceed further against the petitioner is
    without merit as the principle of double jeopardy is not attracted in
    the facts and circumstances of the case.

    18. It is pertinent to observe that though principle of double jeopardy
    is not applicable to the facts of present case, however the Ld. MM
    has taken into account three months civil imprisonment of
    Revisionist No.2 in terms of order dated 30.11.2018 passed by the
    Hon’ble High Court in Execution petition No. 69/2016 and vide
    order on sentence dated 22.05.2019 reduced the sentence of
    Revisionist no.2 from 6 months (as per earlier order on sentence all
    dated 23.04.2018) to 3 months…‖

    123. In the facts and circumstances of the present case, this Court
    finds no reason to take a view different from that adopted by the
    learned Sessions Court.

    124. The law on the issue is fairly well-settled. Proceedings for
    recovery of money through a civil suit and criminal proceedings
    under Section 138 of the NI Act operate in distinct fields and are
    founded on different causes of action. Only because both proceedings
    arise out of the same commercial transaction does not render either of
    them impermissible. The object, nature and consequences of the two
    proceedings are entirely different. While a civil proceeding is

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    intended to secure recovery of the amount due, prosecution under
    Section 138 of the NI Act is for commission of a statutory offence
    arising from the dishonour of a cheque and the failure to make
    payment despite receipt of the statutory notice.

    125. In D. Purushotama Reddy v. K. Sateesh: (2008) 8 SCC 505,
    the Hon’ble Supreme Court held that – it is beyond any doubt that, in
    respect of the same transaction, both a civil suit for recovery and
    criminal proceedings under Section 138 of the NI Act are
    maintainable and may continue simultaneously.

    126. Similarly, in Vishnu Dutt Sharma v. Daya Sapra: (2009) 13
    SCC 729, the Hon’ble Supreme Court held that the pendency or
    adjudication of a civil proceeding does not bar prosecution under
    Section 138 of the NI Act. The Supreme Court also observed that
    although the factual foundation of the two proceedings may overlap,
    the causes of action, the nature of the proceedings and the standard of
    proof applicable in civil and criminal jurisdictions are fundamentally
    different. It was further held that a judgment in a civil proceeding is
    not binding upon a criminal court and vice versa.

    127. In the opinion of this Court, the aforesaid principles furnish a
    complete answer to the contention raised by the petitioners herein.
    The detention of petitioner no. 1 in civil prison was not on account of
    conviction for any criminal offence, but rather, it was a consequence
    of the execution proceedings initiated for enforcement of the money
    decree passed by this Court. Such detention cannot be equated with
    punishment awarded upon being convicted for an offence under

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    Section 138 of the NI Act. There have not been two prosecutions for
    the same offence.

    128. Moreover, in this execution proceedings, the petitioner no. 1
    was ordered to be detained in civil prison for a period of three
    months in execution of the money decree. The order dated
    30.11.2018 records as under:

    ―5. I am satisfied from the past conduct of the judgment-debtors that
    the judgment-debtors, inspite of being in a position to pay the
    decretal amount, are managing their affairs so as to avoid execution
    of the decree. The judgment-debtor no.2 is found to have acted in
    number of films and the explanation each time is, either of the
    monies therefor having been received earlier or the judgment-debtor
    no.2 performing without consideration.

    6. The decree is ordered to be executed by detention of the judgment
    debtor no.2 Rajpal Navrang Yadav in civil prison for a period of
    three months. The judgment-debtor no.2 is ordered to be taken into
    custody forthwith, to be detained in civil prison.

    7. The Court Master to call for the marshal and handover the
    judgment debtor no.2 to the marshal for compliance of the order
    along with a copy of this order.

    8. Since the decree-holder has not suggested any other mode of
    execution, the execution is closed with the aforesaid…‖

    129. A plain reading of the aforesaid order shows that the decree
    was sought to be executed only by resorting to one of the permissible
    modes available under law, i.e., the detention of the judgment-debtor
    in civil prison. The execution proceedings were thereafter closed only
    because the decree-holder had not sought any other mode of
    execution. The order does not record that the decretal amount had
    been recovered or that the decree stood satisfied.

    130. In this regard, the learned counsel appearing for respondent no.
    1 also rightly drew the attention of this Court to Section 58(2) of the

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    Code of Civil Procedure, 1908, which expressly provides that a
    judgment-debtor shall not be discharged from his debt merely by
    reason of his detention in civil prison. Thus, detention in civil prison
    is only one of the modes of execution of a decree and does not result
    in satisfaction or discharge of the decretal liability.

    131. However, the proceedings under Section 138 of the NI Act
    stand on an entirely different footing. Section 138 creates a statutory
    offence, and upon conviction, the Court is empowered to award the
    punishment prescribed therein, which may include imprisonment as
    well as fine. The detention of a judgment-debtor in civil prison in
    execution of a money decree can, therefore, by no stretch of
    imagination, be equated with a sentence awarded after conviction for
    a criminal offence.

    132. It is also pertinent to note that despite the inapplicability of the
    principle of double jeopardy, the learned Courts below have taken
    into consideration the fact that petitioner no. 1 had remained in civil
    prison for a period of three months. It is for this reason that, the
    sentence of simple imprisonment originally awarded to petitioner no.

    1, was reduced from six months to three months vide the impugned
    judgment. Thus, the period of detention undergone by the petitioner
    was not ignored while determining the appropriate sentence.

    133. Therefore, for the reasons recorded hereinabove, this Court is
    of the opinion that the principle of double jeopardy embodied in
    Article 20(2) of the Constitution of India and Section 300 of the
    Cr.P.C. has no application to the facts of the present case. The

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    argument of the petitioners that no further sentence of imprisonment
    could have been imposed merely because petitioner no. 1 had
    undergone detention in civil prison is, therefore, devoid of merit.

    134. Insofar as the quantum of fine is concerned, this Court is of
    the considered opinion that the learned Sessions Court has duly taken
    into consideration the amounts already paid by the petitioners to the
    complainant pursuant to the settlement between the parties. The
    impugned judgment itself reflects that appropriate adjustment has
    been granted while determining the quantum of fine. The fine
    imposed upon petitioner no. 1 was reduced from ₹1.60 crores to
    ₹1.35 crores in each of the seven complaint cases. Likewise, the fine
    imposed upon petitioner no. 2 was reduced from ₹10 lakhs to
    ₹7,65,665/- in each case. This was on account of petitioners having
    already paid a sum of about ₹1.91 crores to the complainant/
    respondent no. 1 in the past.

    135. This Court, therefore, finds no infirmity in the exercise
    undertaken by the learned Sessions Court in determining the quantum
    of fine, and no further interference is called for on this ground.

    136. However, it is also a matter of record that during the pendency
    of the present proceedings before this Court, petitioner no. 1 has
    deposited a total sum of ₹2.25 crores, which has already been
    released in favour of respondent no. 1. Since the said payment has
    been received by the complainant towards the liability arising out of
    the present proceedings, the said amount shall be given due
    adjustment while computing the balance amount of

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    fine/compensation payable by the petitioners, to the respondent no. 1,
    pursuant to the impugned judgment.

    137. Insofar as the prayer of the petitioners seeking the benefit
    of the Probation of Offenders Act is concerned, this Court, after
    giving its thoughtful consideration to the facts and circumstances of
    the case, is not inclined to extend such benefit.

    138. While considering whether an accused is entitled to be released
    on probation, the Court is required to examine not only his
    antecedents and how he conducts himself in the society, but also his
    conduct before the Court of law and the manner in which he has
    conducted himself throughout the judicial proceedings.

    139. In the present case, the conduct of petitioner no. 1 has assumed
    relevance since the record reveals that on multiple occasions,
    undertakings were furnished before the Court, but the same were not
    honoured. During the civil proceedings as well as the execution
    proceedings before the Coordinate Benches of this Court,
    undertakings were given regarding payment of the amounts due
    towards the complainant. Those undertakings, however, remained
    unfulfilled, ultimately resulting in petitioner no. 1 being detained in
    civil prison for a period of three months in execution of the money
    decree. Thereafter, in the criminal proceedings under Section 138 of
    NI Act, despite the judgment of conviction having been affirmed by
    the learned Sessions Court in the year 2019, the petitioner did not
    challenge the same for more than five years and, when confronted
    with the delay, he sought to explain it by attributing the entire lapse

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    to the alleged incorrect advice of his previous counsel – an
    explanation which this Court has already found to be devoid of merit
    in the preceding discussion.

    140. Even before this Court, on the very first date of hearing, the
    Predecessor Bench had expressed its disinclination to interfere with
    these matters on merit. However, upon a statement made on behalf of
    the petitioner that he was willing to amicably resolve the dispute,
    indulgence was shown and the parties were afforded an opportunity
    to settle the matter. It was on this consideration that the sentence
    awarded to the petitioner was suspended. Thereafter, over a
    considerable period, repeated opportunities were granted to the
    petitioner to honour the settlement. The petitioner, both personally
    and through learned Senior Counsel appearing on his behalf, made
    statements before this Court acknowledging that he was bound to
    return the money to the complainant for which he sought repeated
    adjournments to arrange the necessary funds. On several occasions,
    assurances and undertakings were given that payment would be made
    within the time sought from the Court. Despite these repeated
    opportunities and assurances, the petitioner no. 1 failed to honour the
    undertakings furnished before this Court, due to which, this Court
    was constrained to direct the petitioner no. 1 to surrender before the
    jail authority to serve his sentence. Though certain payments were
    subsequently made and, on that basis, further indulgence was shown
    by this Court by again suspending the sentence, no final settlement
    could be arrived at. This Court also made earnest efforts to facilitate
    an amicable resolution between the parties. However, at the end of

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    the proceedings, petitioner no. 1 categorically refused to make any
    further payment to the complainant.

    141. What is even more significant is that, on the date when the
    hearing in the present petitions concluded, petitioner no. 1 stated
    before this Court that ‗he was not willing to pay any amount to the
    complainant and would rather go to jail five times than returning the
    money.’

    142. Needless to state that in case a litigant wishes to choose path
    of imprisonment rather than abiding by multiple undertakings
    given by him in the Court, it is entirely his choice. Law is not a
    script that can be rewritten at the will of an actor, nor can legal
    positions be altered with every change of strategy whosoever the
    litigant may be. Courts adjudicate on the basis of settled legal
    principles and the record before them, and apply law equally to all,
    and expect from every litigant fairness and respect for the judicial
    process, the present litigant cannot be an exception to this rule.

    143. In the above-mentioned circumstances, this Court is of the
    considered opinion that petitioner no. 1 does not deserve the
    discretionary benefit of release on probation under the Probation of
    Offenders Act
    . The prayer is, accordingly, rejected.

    (iii) Conclusion

    144. In view of the foregoing discussion, this Court finds no
    infirmity in the common judgment dated 29.05.2024 passed by the
    learned Sessions Court insofar as it upholds the sentence awarded to

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    the petitioners in the present complaint cases.

    145. However, as already noted above, during the pendency of the
    present petitions before this Court, the petitioners have deposited a
    further sum of ₹2.25 crores, which has already been released in
    favour of respondent no. 1/complainant. Since the said amount has
    been received by the complainant towards the liability arising out of
    the present proceedings, the petitioners are entitled to due adjustment
    thereof while computing the amount of fine payable by them.
    Accordingly, to the limited extent of adjusting the aforesaid
    payments made to the complainant, the sentence awarded to the
    petitioners deserves to be modified.

    146. The sentence awarded to the petitioners shall, therefore, stand
    modified in the following terms:

    (i) Petitioner no. 1 (Convict No. 2), Rajpal Naurang
    Yadav, is sentenced to undergo simple imprisonment for
    a period of three months in each of the seven complaint
    cases and to pay a fine of ₹1.05 crores in each case. In
    default of payment of fine, he shall undergo simple
    imprisonment for a further period of six months. All the
    substantive sentences shall run concurrently. Out of the
    fine of ₹1.05 crores in each complaint case, a sum of
    ₹1,04,75,000/- shall be paid to the complainant and
    ₹25,000/- shall be credited to the State.

    (ii) Petitioner no. 2 (Convict No. 3), Radha Rajpal

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    Yadav, is sentenced to pay a fine of ₹5,51,380/- to the
    complainant in each complaint case. In default of
    payment of fine, she shall undergo simple imprisonment
    for a period of three months. The sentences in all the
    seven complaint cases shall run concurrently.

    (iii) Convict No. 1, M/s Shree Navrang Godawari
    Entertainment Pvt. Ltd., having already been struck off
    from the register of the Registrar of Companies and
    adequate compensation having been directed to be paid
    by Convict Nos. 2 and 3, stands admonished in all the
    seven complaint cases, as directed by the learned
    Sessions Court.

    147. Except to the limited modification in the quantum of fine as
    aforesaid, the impugned judgment dated 29.05.2024 is affirmed.

    148. Consequently, CRL.M.C. Nos. 4870/2024, 4871/2024,
    4872/2024, 4873/2024, 4876/2024, 4878/2024, 4879/2024,
    4880/2024, 4881/2024, 4882/2024, 4883/2024, 4884/2024,
    4885/2024 and 4886/2024 stand disposed of in the above terms.

    C. Final Order

    149. In view of the foregoing discussion and the conclusions
    recorded hereinabove, the following directions are passed:

    (i) CRL.REV.P. Nos. 797/2024, 798/2024, 799/2024, 800/2024,
    801/2024, 802/2024 and 803/2024, along with all pending

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    applications, are dismissed as being barred by limitation.

    Consequently, the judgments dated 13.04.2018 passed by the learned
    Trial Court and 21.01.2019 passed by the learned Sessions Court,
    whereby the petitioners were convicted for the offence punishable
    under Section 138 of the NI Act, are affirmed.

    (ii) CRL.M.C. Nos. 4870/2024, 4871/2024, 4872/2024,
    4873/2024, 4876/2024, 4878/2024, 4879/2024, 4880/2024,
    4881/2024, 4882/2024, 4883/2024, 4884/2024, 4885/2024 and
    4886/2024, alongwith all pending applications, are disposed of in the
    above terms. The prayer seeking quashing of the complaint cases is
    rejected. The common judgment dated 29.05.2024 passed by the
    learned Sessions Court is upheld, subject only to the modification in
    the quantum of fine as directed in the preceding paragraphs, on
    account of the further amount of ₹2.25 crores deposited by the
    petitioners before this Court and released in favour of respondent no.

    1.

    150. However, the order on sentence, as modified hereinabove,
    shall remain suspended for a period of two months from date, to
    enable the petitioners to avail of such remedies as may be available to
    them in law, upon expiry of which period, the petitioners shall
    undergo the sentence in accordance with law.

    151. The judgment be uploaded on the website forthwith.

    DR. SWARANA KANTA SHARMA, J
    JULY 10, 2026/A/vc/zp
    T.D./T.S.

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