High Court of DelhiCRL.REV.P./216/2018

Abid Hassan v. The State & ANR

2018-07-24Hon'Ble Mr. Justice R.K.Gauba2 pages

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. REV. P. No. 216/2018 ABID HASSAN ..... Petitioner Through:

Mr. Vishal Kumar and Mr. Pranut Sharma, Advocates.

Versus

THE STATE & ANR.

..... Respondents Through:

Mr. Amit Chadha, Additional Public Prosecutor for the State.

Mr. Anuj Aggarwal and Mr. Vivek Aggarwal, Advocates for Respondent No.2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 24.07.2018 Crl. M.A. No. 28471/2018 in CRL. REV. P. No. 216/2018 & Crl. M.(Bail) No.438/2018 This application seeks setting aside of the impugned order dated 08.03.2018 passed by the learned Additional Sessions Judge in a Criminal Appeal No. 154/17 challenging the judgment dated 29.04.2017 in a complaint case filed by the respondent No.2 in proceedings under section 138 of the Negotiable Instruments Act, 1881.

The lis between the parties has been settled by way of a Settlement recorded before the Delhi High Court Mediation and Conciliation Centre on 23.07.2018. The petitioner has agreed to pay a total sum of Rs.7,25,000/-, which includes the sum of Rs.4 lacs deposited in the Court of the learned Metropolitan Magistrate. The petitioner has paid an amount of Rs.1 lac to

the respondent on 20.07.2018. Today, he has handed over a demand draft of Rs.2,25,000/- dated 24.07.2018, drawn on Central Bank of India, New Delhi, to respondent No.2 through his counsel. Accordingly, the entire amount has been repaid in terms of the settlement. The amount of Rs.4 lacs lying deposited before the Court of the learned Metropolitan Magistrate (NIA) Saket Courts, New Delhi, is to be released to the complainant along with interest accrued thereon upon an appropriate application being made before the said Court. The learned counsel for the petitioner states that costs of Rs.20,000/-, as directed by the Trial Court, have already been paid.

In view of the above, no lis remains between the parties. The impugned order is set aside and the petition is disposed-off in terms of the Settlement Agreement dated 23.07.2018. The date fixed in the Revision Petition i.e. 30.07.2018 stands cancelled. The pending application also stands dismissed.

A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master. NAJMI WAZIRI, J.

JULY 24, 2018 sb