Anoop Singh v. Pooja Verma

$~88 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 1349/2023 ANOOP SINGH ..... Petitioner Through:

Mr.

V.

K.

Sharma, Mr. Prince Sharma and Mr. Aaditya, Advs.

versus POOJA VERMA ..... Respondent Through:

Respondent in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 29.01.2024 CRL.M.A. 34769/2023 (exemption from filing certified original documents and dim annexures) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.REV.P. 1349/2023 & CRL.M.(BAIL) 1791/2023 3.

The present petition is filed challenging the judgment dated 26.10.2023, (hereafter 'impugned judgment'), passed by the learned Principal District and Sessions Judge, South-West District, Dwarka Courts, New Delhi (hereafter 'PDSJ') in CA No. 109/2023.

4.

The learned PDSJ, by the impugned judgment, upheld the order of conviction dated 08.12.2022 and the order on sentence dated 17.01.2023, passed by the learned Presiding Officer, Special Court (NI Act) South-West, Dwarka Court, New Delhi, in Complaint Case No. 5001393/2016.

5.

By the order of conviction dated 08.12.2022, the learned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Presiding Officer convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 6.

Subsequently, the learned Presiding Officer, by the order on sentence dated 17.01.2023, sentenced the petitioner to undergo imprisonment for a period of one year and to pay fine / compensation of double the cheque amount, out of which 10% of the said fine was to be paid to Delhi Legal Aid Services Authority, and in default of the fine, to further undergo simple imprisonment for 3 months.

7.

The learned counsel for the petitioner submits that the parties have settled their disputes. It is agreed between the parties that a sum of ₹2.2 Lakhs (Rupees Two Lakhs Twenty Thousand Only) would be paid to the complainant / respondent. In terms thereof, the amount of ₹1.2 (Rupees One Lakh Twenty Thousand Only) deposited with the learned Trial Court, has already been released in favour of the respondent, and the balance amount of ₹1 Lakh (Rupees One Lakh Only), is handed over to the respondent in Court today by way of Manager's Cheque No. 002286, dated 09.01.2024, drawn on HDFC Bank, Dwarka Sector 17, New Delhi - 110075.

8.

The learned counsel for the petitioner further submits that the petitioner is in custody and had surrendered before the learned Trial Court on 26.10.2023.

9.

The respondent is present in person. She agrees that the parties have settled their disputes, and states that she does not wish to pursue the proceedings emanating out of Complaint Case No. 5001393/2016.

10.

In view of the above, the present petition is allowed and the impugned judgment and the order of conviction dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

08.12.2022 as well as the order on sentence dated 17.01.2023, passed by the learned Presiding Officer in Complaint Case No. 5001393/2016, are set aside.

11.

The Jail Superintendent is directed to release the petitioner forthwith.

12.

A copy of the order be also communicated to the Jail Superintendent through the Faster Cell.

AMIT MAHAJAN, J JANUARY 29, 2024 'KDK'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.