Sunil Tomar v. State And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 1197/2019 and CRL.M.(BAIL) 2010/2019 SUNIL TOMAR ..... Petitioner Through:

Mr Himanshu Gulliya, Advocate.

versus STATE AND ANR ..... Respondent Through:

Ms Kusum Dhalla, APP for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 03.03.2020 1.

The petitioner has filed the present petition impugning an order dated 28.09.2019, whereby the petitioner's appeal against the judgment dated 20.11.2018 passed by the learned MM in CC No. 2678/2017 captioned 'M/s Yameen Sewing Machine Works v. Sunil Tomar' was rejected. 2.

By the judgment dated 20.11.2019, the Trial Court had convicted the petitioner for committing an offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) and the petitioner was sentenced to simple imprisonment for a period of six months and a fine of ₹1,78,400/- to be paid to the complainant.

3.

The learned counsel appearing for the petitioner states that the parties have settled their disputes and the offence be compounded. The petitioner has handed over two demand drafts to the respondent (DD No. 70901 dated 25.02.2020 drawn on Canara Bank in the sum of ₹1,00,000/- and DD No. 70900 dated 25.02.2020 in the sum of ₹20,000/- drawn on Canara Bank) to respondent no. 2. Respondent no. 2 has accepted the same in full and final

settlement of all his claims.

4.

The learned counsel appearing for the petitioner states that the petitioner has also deposited costs of a sum of ₹10,000/- as costs imposed for compounding the said offence.

5.

In view of the above, the petitioner is acquitted of the offence under Section 138 of the NI Act, which were subject matter of CC No. 2678/2017 captioned 'M/s Yameen Sewing Machine Works v. Sunil Tomar'. 6.

The petition is disposed of. The pending application is also disposed of.

7.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J MARCH 03, 2020 RK