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Shyam Pal Vs. Dayawati Besoya [28/10/16]

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[Criminal Appeal Nos. 988-989 of 2016 arising out of S.L.P. (CRL.) Nos.6226-27 of 2016]. The instant appeals call in question the judgment and order dated 08.02.2016 passed by the High Court of Delhi in Criminal Revision Petition No.403 of 2015, sustaining the conviction of the appellant under Section 138 of the Negotiable Instruments Act, 1988 (hereafter referred to as the "Act") as recorded by the Trial Court and affirmed in appeal by the District and Sessions Judge, Saket Court, New Delhi. The High Court while maintaining the substantive sentence of simple imprisonment for 10 months and fine of Rs.6,50,000/- as compensation as awarded by the Trial Court, however has reduced the default sentence from six months simple imprisonment to that of three months. The order dated 22.02.2016 rendered by the High Court declining the prayer for modification of the above decision by directing the release of the appellant, he having already served the sentence in all being in custody from 25.02.2015 has been assailed in the present appeals as well.

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