Hindon River Mills Ltd & ORS v. Shyam Sunder

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2636/2013 HINDON RIVER MILLS LTD & ORS .....Petitioners Through:

versus SHYAM SUNDER .....Respondent Through:

Ms. Kritika, Advocate.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 13.03.2026 CRL.M.A. 7478/2026 (seeks rectification of the name in the deposit records from Shyam Sunder to Shyam Sunder Sharma) 1.

The above-captioned petition was disposed of by this Court on 22nd August, 2025 with the following directions:

<13. In light of the foregoing discussion, and considering the Petitioners' deposit of INR 3,00,000/- along with accrued interest in compliance with this Court's order, and applying the principles laid down in Damodar S. Prabhu, the offence under Section 138 of the NI Act, arising out of Cheque No. 803609 is deemed to be compounded, subject to following terms: 13.1. The Registry shall encash the FDR of INR 3,00,000/-. Out of the encashed amount, 50% shall be released to the Respondent. This component will cover not only the face value of Cheque No. 803609 but also operate as a comprehensive settlement in respect of this cheque, inclusive of accrued interest and compounding. 13.2. In terms of the scheme elucidated in Damodar S. Prabhu (supra), 20% of the cheque amount (i.e.

, INR 51,311/-) shall be deposited by the Petitioners with the Delhi State Legal Services Authority towards costs of delay in apply for compounding. Proof of such deposit shall be placed before the concerned Trial Court for record and compliance. 13.3. In addition, the Petitioners shall pay INR 5,000/- to the Respondent towards litigation costs within two weeks. Proof of such payment shall be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

placed before the concerned Trial Court for record and compliance. 13.4. The balance 50% of the FDR, together with proportionate accrued interest, shall be retained in a fresh FDR by the Registry. This amount pertains to Cheque No. 803809 (INR 51,312/-), which is the subject matter of the pending civil suit, and its disbursal shall remain subject to the final outcome of that proceeding.= 2.

The present application has been filed by the Respondent seeking correction of his name, as a discrepancy in his name is preventing him from seeking release of the amount deposited by him in terms of the aforesaid order. In support of the application, the Respondent has placed on record copies of his Aadhar Card and PAN Card, which reflect his name as <Shyam Sunder Sharma=. However, in the captioned petition, the Respondent has been arrayed as <Shyam Sunder=. In the circumstances, the Respondent seeks insertion of surname <Sharma= in his name in the records. 3.

Counsel for the Respondent states that she identifies the Respondent and confirms that the person arrayed as <Shyam Sunder= in the petition is, in fact, <Shyam Sunder Sharma=, as reflected in the identity documents annexed with the application.

4.

In view of the above, the application is allowed. The name of the Respondent recorded as <Shyam Sunder= in the records of the Registry shall stand corrected and be treated as <Shyam Sunder Sharma=. 5.

With the above directions, the application is disposed of. SANJEEV NARULA, J MARCH 13, 2026/ab 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 16/03/2026 at 15:26:17