Tejinder Pal Singh v. Gagan Chopra

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 984/2019 & CRL.M.A.36116/2019 TEJINDER PAL SINGH ..... Petitioner Through:

Counsel (name not given) versus GAGAN CHOPRA ..... Respondent Through:

Ms. Meenakshi Bhatia, Advocate

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.09.2019 1.

Issue notice.

2.

Notice is accepted by the learned counsel for the respondent. 3.

This is a petition under Section 397 read with Sections 401 and Section 482 of the Code of Criminal Procedure, 1973 and read with Section 147 of the Negotiable Instruments Act, 1881 (NI Act) for setting aside/quashing of the order dated 23.8.2019 passed by learned Additional Sessions Judge (Central), Tis Hazari Courts, Delhi in Criminal Appeal No.2/2019, titled Tajinder Pal Singh vs. Gagan Chopra and the judgment of conviction dated 5.10.2018 and the order on sentence dated 4.12.2018 passed by learned Metropolitan Magistrate (NI Act), Tis Hazari Courts, Delhi in CC No.11184/2016 titled Gagan Chopra v. Tejinder Pal Singh.

4.

Learned counsel for the parties submitted that the parties have settled the matter vide Settlement Agreement dated 12.9.2019, in

terms whereof the petitioner has already paid a sum of Rs.15,00,000/- by demand draft No.421487 dated 12.9.2019 drawn on Union Bank of India.

5.

Respondent, who is present in Court, also submitted and reiterated that he has received the aforesaid sum of Rs.15,00,000/-, in terms of the settlement arrived at between the parties. Respondent also submitted that he has no objection in case the offence is compounded and the petitioner is acquitted.

6.

Learned counsel for the parties submitted that the offence under Section 138 of the NI Act is compoundable, hence, in view of the settlement arrived at between the parties and consequently payment of Rs.15,00,000/- made by the petitioner to the respondent, the offence may be compounded and the petitioner may be acquitted. Accordingly, in view of the aforesaid submissions, the offence under Section 138 of the NI Act is compounded and the judgment of conviction dated 5.10.2018 and the order on sentence dated 4.12.2018 passed by learned Metropolitan Magistrate (NI Act), Tis Hazari Courts, Delhi in CC No.11184/2016 titled Gagan Chopra v. Tejinder Pal Singh is set aside and the petitioner is acquitted, subject to payment of costs of Rs.40,000/- by the petitioner within two weeks, out of which Rs.

10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.10,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.10,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.10,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.

the deposits be filed in the Registry within 21 days. Petition is disposed of. Pending application is also disposed of. CHANDER SHEKHAR, J SEPTEMBER 18, 2019 tp