High Court of DelhiCRL.REV.P./238/2009

G.B. Singh v. State & ANR.

2017-02-14Hon'Ble Mr. Justice A.K. Pathak2 pages

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 238/2009 & Crl. M.A. no. 8680/2013 G.B. SINGH ..... Petitioner Through :Mr. Subodh Kumar and Ms. Himadri Sharma, Advs.

versus STATE & ANR.

..... Respondents Through :Ms.

Neelam Sharma, APP respondent no. 1 Mr. Imran Khan, Adv. for respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.02.2017 Learned counsel for the respondent no. 2 submits that cheques of `1,10,000/- each handed over by the petitioner to the respondent no. 2 on the last date of hearing have been dishonoured. Respondent no. 2 has returned the dishonoured cheque of `1,10,000/- to the petitioner. Learned counsel for the petitioner has handed over a demand draft bearing no. 519778 dated 14th February, 2017 for a sum of `2,20,000/- drawn on Syndicate Bank, Paschim Vihar Branch, New Delhi to the respondent no. 2, present in Court. Respondent no. 2 submits that the offence under Section 138 of the Negotiable Instruments Act, 1881 ("the Act", for short) may be permitted to

be compounded. He further submits that he would withdraw the complaint case pending in the trial court in respect of the dishonoured cheque for `60,000/-. In view of the settlement arrived at between the petitioner and the respondent no. 2, offence under Section 138 of the Act is permitted to be compounded. Respondent no. 2 shall remain bound by his statement and shall withdraw the complaint case in respect of the dishonoured cheque of `60,000/- from the trial court.

Revision petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

FEBRUARY 14, 2017 rb