Sanjay Sharma v. M/S Goodearth India Presently Known As Considered Clothing Company

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2748/2025 SANJAY SHARMA .....Petitioner Through:

Mr. Deepak Shukla, Mr. Gaurav Bhardwaj & Mr. Vinay Kumar Srivastava, Advocates

Versus

M/S GOODEARTH INDIA PRESENTLY KNOWN AS CONSIDERED CLOTHING COMPANY .....Respondent Through:

Mrs. Swati Surbhi Singhania & Mr. Aman Yadav, Advocate

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 09.05.2025 CRL.M.C. 2748/2025 & Crl.M.A.12304/2025 & Crl.M.A. 12305/2025 1.

The present Petition under Section 482 Cr.P.C. has been filed by the Petitioner seeking quashing of the Order dated 03.04.2025 in CA 195/2020, whereby Orders dated 03.10.2020 and 29.10.2020, passed by the learned Metropolitan Magistrate in CC No.627787/2016, under Section 138 of Negotiable Instrument Act has been upheld by the learned Additional Session Judge.

2.

The learned Metropolitan Magistrate has sentenced the Appellant to undergo Simple Imprisonment of 06 months with direction pay compensation of Rs.14 Lacs to the Complainant under Section 357(3) Cr.P.C., within one month and in default, to undergo further sentence of 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 01/07/2025 at 02:52:50

Simple Imprisonment of 06 months.

3.

Learned Counsel for the Petitioner submits that the parties have arrived at an amicable settlement in term of Memorandum of Understanding dated 21.04.2025, which has already been acted upon. In terms of settlement, compensation amount of Rs.14 Lacs has been paid to the Respondent by way of Demand Draft No. 692893, dated 16.04.2025, drawn on State Bank of India, which is endorsed by the Counsel for the Respondent.

4.

Learned Counsel for the Respondent submits that the dispute with the Petitioner stands amicably resolved and there is „no objection‟ to setting aside of the Order of Conviction and acquittal of the Respondent. 5.

At this stage, learned Counsel for the Petitioner submits that nonbailable warrants issued against the Petitioner be also set aside. 6.

In view of the fact that the parties have amicably resolved their dispute and Respondent has acknowledged receipt of amount of Rs.14 Lacs, the Orders of conviction of the Respondent dated 03.10.2020 and 29.10.2020, passed by the learned Metropolitan Magistrate in CC No.627787/2016 and upheld by the learned Additional Session Judge vide Order dated 03.04.2022, are hereby set aside. Consequential proceedings, if any, pending between the parties also stand quashed. 7.

The present Petition and pending Applications are accordingly disposed of.

NEENA BANSAL KRISHNA, J MAY 9, 2025 r 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 01/07/2025 at 02:52:50