Raj Narayan Tiwari v. State Of NCT Of Delhi And ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 380/2024 RAJ NARAYAN TIWARI ..... Petitioner Through:

Mr. Kamlesh Kumar Verma and Mr.

Dinesh Singh Bachgoti, Advocates.

versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam,APP for the State.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 21.05.2024 1.

The present petition under Sections 397/401 of the Cr.P.C. seeks the following prayers:

"a) To pass an order thereby for set aside the impugned judgment dated 07.02.2024 passed by Sh. Pankaj Arora, ASJ-04 District North East Karkardooma Court Delhi vide Crl. Appeal No. 42/2023 titled as Raj Narayan Tiwari Versus Mahavir Singh and order of sentence dated l5.03.2023 and judgment dated 24.02.2023 passed by Trial Court of sh. Rupinder Singh Dhiman. Ld. MM. District North East Karkardooma Court Delhi in CC No. CC/31/2019.

b) To pass an order thereby release to the revisionist from the JC. c) To pass such other and further orders which this Hon'ble Courts deems fit and proper may also be passed in favour of revisionist." 2.

The present petition challenges the judgment of learned Additional Sessions Judge bearing Criminal Appeal No. 42/2023, whereby the appeal against judgment of conviction passed by learned Metropolitan Magistrate dated 24.02.2023 and order on sentence dated 15.03.2023, was dismissed. Vide the judgment of conviction and order on sentence, the petitioner has been convicted under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo simple imprisonment for a period of 01 years The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 12:43:47

alongwith fine of Rs. 1,42,000/- as compensation to the complainant. 3.

Learned counsel for the petitioner submits that 20 percent of the compensation amount, i.e., Rs. 28,500/- had been deposited before the learned Appellate Court which has since been released to respondent no. 2. It is further pointed out that the parties have entered into a compromise and remaining amount of Rs. 1,13,500/- had been paid vide demand draft bearing DD No. 001091, dated 15.03.2024, drawn on Equitas Bank in the name of respondent no. 2, on 19.03.2024.

4.

On 19.03.2024, respondent no. 2 alongwith Counsel had confirmed the aforesaid and had submitted that he has entered into a compromise with the petitioner. It is further submitted that he had agreed to accept the remaining amount of Rs. 1,13,500/- out of Rs. 1,42,000/- awarded as compensation in the present case.

5.

Copy of the settlement deed dated 28.03.2024, has been placed on record, whereby the respondent no. 2 has settled the matter with the petitioner and prays that the matter be compounded. 6.

Respondent no. 2 is present before this Court and confirms his statement made and recorded in order dated 19.03.2024. 7.

In view thereof, the matter stands compounded.The petition is allowed. Order of conviction and order on sentence are set aside. The appellant is acquitted. The bail bond stands discharged. 8.

The present petition stands disposed of.

AMIT SHARMA, J MAY 21, 2024/ab Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 12:43:47