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High Court of DelhiCRL.REV.P./1005/2024

Mohd Danish v. State NCT Of Delhi And ANR

2024-08-13Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 1005/2024 MOHD DANISH .....Petitioner Through:

Mr.

Prashant Sharma, Mr.

Shubhankar Choudhary and Mr.

Mohammad Arif, Advocates.

versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 13.08.2024 CRL.M.A. 23298/2024 (Exemption) Allowed, subject to all just exceptions.

CRL.REV.P. 1005/2024 & CRL.M.A. 23952/2024, CRL.M.(BAIL) 1299/2024 1.

Petitioner has approached this Court seeking setting aside of the Order dated 25.07.2024, passed by the learned Additional Sessions Judge (FTC), Karkardooma Courts, in CA No.26/2024, affirming the Judgment on conviction dated 24.11.2023 and Order on Sentence dated 20.01.2024, passed by the learned MM, NI Act, Digital Court, Karkardooma Courts, in Case No.208/2021, convicting the Petitioner for offences under Section 138 NI Act.

2.

It transpires that the matter has been settled between the parties wherein the Petitioner has agreed to pay a total of Rs.90,000/- to the 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 17/08/2024 at 14:21:33

Complainant in lieu of the total cheque amount of Rs.70,000/-. Meaning thereby that the Petitioner has paid Rs.90,000/- as compensation to the Complainant.

3.

In view of the fact that both the parties have settled the matter, this Court is inclined to uphold the conviction and modify the sentence to the extent that the Petitioner shall pay Rs.90,000/- to the Complainant. 4.

The Respondent, who is present in Court submits that he has received Rs.90,000/- from the Petitioner.

5.

In view of the fact that the matter has been settled between the parties, the petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J AUGUST 13, 2024 Rahul 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 17/08/2024 at 14:21:33