Rajendra Singh v. Saroj Singh

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 19/2024 RAJENDRA SINGH .....Petitioner Through:

Mr. Prakash Srivastava, Ms. Smriti Dubey, Advocates versus SAROJ SINGH .....Respondent Through:

None.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 22.12.2025 CRL.M.A. 38290/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.A. 38289/2025 (for modification of order dated 14.11.2025) 3.

By way of the present application, the applicant seeks modification of judgment dated 14.11.2025.

4.

The learned counsel for the applicant states that in paragraph 2 of the said judgment, the sentence imposed by the learned Trial Court has inadvertently been recorded as "simple imprisonment for one year", whereas the learned Trial Court, vide its judgment and final order dated 31.08.2020, had sentenced the petitioner to simple imprisonment for one month. The said sentence was thereafter expressly upheld by the learned Appellate Court vide judgment and final order dated 07.07.2023. 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 29/12/2025 at 11:42:40

5.

Heard.

6.

Ordered accordingly.

7.

The paragraph 2 of judgment dated 14.11.2025, shall now read as under:

"...Briefly stated, the facts of the present case, are that the petitioner, who was a property dealer by profession, had sold a property measuring 167.40 sq. yards situated at Radha Kunj Colony, Sikandra, Agra, to the respondent on 06.11.1987; however, the possession of the same had not been handed over to the respondent. A settlement agreement had been arrived at between the parties on 27.09.2015, wherein it had been agreed that the petitioner would pay an amount of ₹6,48,000/- to the respondent, and the respondent would not claim any right over the said property. In pursuance thereof, the petitioner had handed over the cheques in question as per the said settlement agreement. It had been the case of the petitioner that he had issued a cheque for ₹6,48,000/- as consideration, which had been dishonoured on 11.01.2016.

The respondent had thereafter filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 [hereafter "NI Act"], which eventually led to conviction of the petitioner by the learned Trial Court vide judgment 31.08.2020, whereby he was sentenced to undergo simple imprisonment for one month and to pay a fine of ₹9,72,000/-, and in default thereof, to further undergo simple imprisonment for 15 days..."

8.

In view of the above, the present application stands disposed of. 9.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J DECEMBER 22, 2025/zp 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 29/12/2025 at 11:42:40