M/s Bhawna Synthetics (P) Ltd. Flat no.1, Plot no.7 & 8, Community Centre, Naraina Industrial Area, Phase 1, New Delhi, Through its AR, Sh. Pushpender Chauhan, .........Respondent Instituted on : 19.02.2025 Reserved on : 01.09.2025 Pronounced on : 04.10.2025 JUDGMENT 1. The present appeal has been preferred by the appellant (accused before Ld. Trial Court) against the impugned judgment dated 17.12.2024 and order on sentence dated 21.01.2025 of Ld. JMFC (NI Act01), NDD, Patiala House Courts, passed in complaint case u/s 138 Crl. Appeal No.61/2025 Abhinav Goel v. M/s Bhawna Synthetics Pvt. Ltd. Page No. 1 of 10 NI Act. By way of the said impugned judgment, the appellant was convicted of offence punishable u/s 138 NI Act and sentenced to pay fine of Rs.25 Lakhs, payable as compensation to the respondent company (complainant before Ld. Trial Court). For the sake of convenience, both parties shall be referred as their original position before the Ld. Trial Court, i.e. as complainant and accused. 2. The facts relevant for deciding the present appeal, in brief are as follows. The complainant presented the cheque in question dated 07.07.2014 issued by accused for Kanha Telecom and signed by accused, which cheque was dishonored for the reason 'Stop Payment' vide memo dated 03.09.2014. Thereafter, legal notice was issued to the accused dated 11.09.2014 sent on 15.09.2014. Thereafter, the accused failed to make payment to complainant and the complaint was filed before Ld. Trial Court. 3. After recording of presummoning evidence, the Ld. Trial Court summoned accused vide order dated 01.10.2014. Notice u/s 251 Cr.P.C was given to accused on 23.03.2015, in which he pleaded not guilty and stated that the cheque in question was not issued to complainant, but was misplaced from his shop and he issued stop payment instructions to his bank. He denied his liability and claimed that the bills of complainant are forged and fabricated. He also filed an application u/s 145(2) NI Act. The complaint case was transferred on account of change in territorial jurisdiction during trial and the case was finally tried by Ld. Trial Court. Subsequently, the application u/s 145(2) NI Act was allowed vide order dated 24.11.2016. AR of the complainant was cross examined and discharged on 09.09.2021 and on the same day, complainant's evidence was closed. Statement of accused u/s 313 Cr.P.C Crl. Appeal No.61/2025 Abhinav Goel v. M/s Bhawna Synthetics Pvt. Ltd. Page No. 2 of 10 was recorded on 05.10.2021, in which, he stated that he will lead defence evidence. He also stated that he is engaged in the business of trading in mobile phones and has no concern with the complainant company. He also stated that two persons representing the complainant company, had come to meet his mother at his shop and when he went to make a call, the cheque in question was taken by the said representatives and thereafter, misused. Thereafter, accused examined bank witness to prove his letter dated 27.03.2023. Thereafter, the Ld. Court exercising it's power under Section 311 Cr.P.C., called the original partnership deed dated 31.08.2013 from the accused. Thereafter, final arguments were addressed and the impugned judgment and order on sentence were passed against the accused. Both the parties relied upon the following documents in their respective evidence during trial S.No. Exhibits Particulars of documents 1 Ex.CW1/A True copy of certificate of Incorporation 2 Ex.CW1/B True copy of extracts of Resolution 3 Ex.CW1/B1 Authority Letter 4 Ex.CW1/C & Ex.CW1/D Copies of the Invoices 5 Ex.CW1/E & Ex.CW1/F G.R receipts 6 Ex.CW1/G Dishonored cheque 7 Ex.CW1/H Cheque return memo 8 Ex.CW1/I Office copy of the legal notice dated 11.09.2014 9 Ex.CW