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High Court of DelhiCRL.REV.P./303/2014

Jai Pal Singh v. The State And Another

2015-07-31Hon'Ble Mr. Justice S.P.Garg3 pages

$-21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

DECIDED ON : 31st JULY, 2015 + CRL.REV.P. 303/2014 JAI PAL SINGH ..... Petitioner Through :

Mr.Vineet Mehta, Advocate.

versus THE STATE & ANR.

..... Respondents Through :

Mr.Amit Ahlawat, APP.

Ms.Shantha Devi Raman, Advocate with Mr.Mukesh Sharma, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG S.P.Garg, J. (Oral) 1.

Present revision petition has been preferred by the petitioner to challenge the legality and correctness of an order dated 29.04.2014 of learned Addl. Sessions Judge in Crl.A. No. 75/14 titled 'Jai Pal Singh vs. Smt. Bimla Devi', whereby order dated 26.11.2013 of learned Metropolitan Magistrate in Complaint Case No.129G/13 under Section 138 Negotiable Instruments Act was upheld.

2.

Under Section 138 Negotiable Instruments Act, the petitioner was sentenced to undergo SI for four months with fine ` 2,50,000/-. `2,30,000/- were to be paid as compensation to the complainant. The petitioner was taken into custody after disposal of appeal on 29.04.2014. By an order dated 20.05.2014, the sentence was suspended on his depositing ` 2,00,000/- with the Registrar General of this Court within two weeks.

3.

Subsequently, with the consent of the parties, the matter was referred to Delhi High Court Mediation Centre. Report from the Delhi High Court Mediation Centre has been received whereby the matter has been resolved between the parties. Learned counsel for the respondent No.2 states that the matter has settled by the complainant with her free consent without any fear or pressure. The settled amount has been received by her. Learned counsel for the petitioner has no objection to the release of ` 2,00,000/- along with accrued interest (if any) to the complainant pursuant to the settlement.

4.

Since the matter has been settled before the Delhi High Court Mediation Centre amicably by the parties, the petition stands disposed of

as settled / compounded. The petitioner is acquitted. A sum of `2,00,000/- along with accrued interest (if any) shall be released to the complainant. 5.

Since the petitioner has settled the dispute at revisional stage after undergoing some days in custody, considering the facts and circumstances, he is directed to pay costs ` 15,000/- only within two weeks before the Trial Court.

6.

The revision petition stands disposed of accordingly. 7.

Trial Court record (if any) along with copy of the order be sent back immediately.

(S.P.GARG) JUDGE JULY 31, 2015 / tr