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High Court of DelhiCRL.M.C./7956/2024

Porus Aggarwal & ANR. v. Savencia Fromage And Dairy India Pvt. Ltd

2025-02-04Hon'Ble Mr. Justice Vikas Mahajan2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7956/2024 & Crl. M.A. 30368/2024 & 30370/2024 PORUS AGGARWAL & ANR.

.....Petitioner Through:

Mr. Palash S. Singhai and Mr. Harshal Sareen, Advocates versus SAVENCIA FROMAGE AND DAIRY INDIA PVT. LTD .....Respondent Through:

Mr. Dhruv Kapur, Mr. Vijayender Kumar and Mr.

Deep Chand, Advocates

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 04.02.2025 1.

The present petition has been filed under Section 528 BNSS seeking quashing of criminal complaint against the petitioners bearing CT. Case No. 2444/2018 on the ground that parties have arrived at a settlement. 2.

Learned counsel appearing on behalf of the petitioners submits that in a complaint filed by the respondent under Section 138 of N.I. Act, the petitioner was convicted and sentenced. However, thereafter the parties have arrived at a settlement, terms whereof have been reduced in writing in the form of a Settlement Agreement dated 30.09.2024, a copy of which is annexed as Annexure-P1 to the present petition.

3.

He submits that in terms of the settlement, the petitioner had agreed to pay a full and final settlement amount and Rs. 23 lakhs to the respondent in five instalments. He submits that the entire amount now stands paid. He, 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 02:55:42

therefore, urges that the offence may be compounded. 4.

Learned counsel appearing on behalf of the respondent, on instructions from the Authorized Representative of the respondent who has joined through VC affirms the factum of settlement and further acknowledges having received the full and final settlement amount of Rs. 23 lakhs in terms of the Settlement Agreement dated 30.09.2024. He submits that petitioner has no objection in case the offence is compounded.

5.

In view of the above, the offence under Section 138 of N.I. Act is compounded and the petitioner is acquitted of the said offence. 6.

With the aforesaid directions, the petition stands disposed of. VIKAS MAHAJAN, J FEBRUARY 4, 2025 'rs'

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 02:55:42