Krishan Jaiswal v. Mahesh Kumar

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9398/2024 CRL.M.A. 36026/2024 CRL.M.A. 36028/2024 CRL.M.(BAIL) 2029/2024 KRISHAN JAISWAL .....Petitioner Through:

Ms. Koshima Arora, Advocate.

versus MAHESH KUMAR .....Respondent Through:

Mr. Vikrant Mittal, Adv. (thru VC)

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 16.12.2024 1.

Pursuant to the previous order dated 2nd December 2024, counsel for respondent/complainant appears through VC and states that they have been pursuing this complaint since 2016, and they object to any concession being granted to petitioner on the sentence awarded to him. 2.

Counsel for petitioner however states that petitioner is in serious financial hardship and some allowance may be given to him. 3.

Considering the totality of facts and circumstances, sentence of payment of a fine of Rs.4,45,000/- to be paid as compensation to the respondent/complainant with Rs.5,000/- to be deposited with Delhi Legal Service Authority ("DLSA") is sustained. It is directed that Rs.5,000/- shall be deposited with DLSA within 2 weeks' time. Further, half the fine amount of Rs.4,45,000/- shall be paid by petitioner to respondent/complainant on or before 31st January 2025, and balance amount shall be paid by 5th March 2025.

4.

No further allowance shall be given to petitioner. 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 18/12/2024 at 11:38:05

5.

As noted in order dated 2nd December 2024, conviction of petitioner has already been sustained.

6.

An amount of Rs.50,000/- has been deposited pursuant to directions of the Appellate Court, said amount shall be adjusted in the amounts to be paid to complainant, in terms of aforesaid directions of this Court. 7.

As regards 20% of fine amount which has been placed as an FDR before the Trial Court, said FDR shall be released to petitioner only after compliance with the directions noted above.

8.

Parties shall appear before the Trial Court for compliance. 9.

Petition stands disposed of with these directions. 10.

Pending applications are disposed of as infructuous. 11.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 16, 2024/sm/tk 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 18/12/2024 at 11:38:05