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High Court of DelhiCRL.REV.P./495/2013

Anil Kumar Madan v. Regligare Finvest Ltd. & ANR.

2016-08-01Hon'Ble Mr. Justice A.K. Pathak2 pages

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 495/2013 & Crl.M.A.1778/2013 ANIL KUMAR MADAN ..... Petitioner Through :

Mr. Mukesh Sharma, Mr. Narendra Gautam and Mr. Abhinav Sharma, Advs.

versus REGLIGARE FINVEST LTD. & ANR.

..... Respondents Through :

Mr. Satish Kumar, Adv. for R-1.

Ms. Neelam Sharma, APP.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 01.08.2016 Vide judgment dated 29th August, 2012, petitioner was convicted by the Trial Court under Section 138 of the Negotiable and Instruments Act and was directed to pay a fine of `1,000/-, compensation of `3,06,000/- and in default of payment of either fine or compensation or both to undergo RI for thirty days.

Petitioner filed appeal before the Sessions Judge, which has been dismissed by the order dated 12th August, 2013. Petitioner has now filed this revision petition under Sections 397/401 Cr.P.C. Vide order dated 12th September, 2013, operation of order on sentence was stayed, subject to petitioner depositing `2,00,000/- with the Registrar

General of this Court. The amount has been deposited by the petitioner. On 14th July, 2016, learned counsel for respondent no.1(complainant) had submitted, on instructions, that respondent no.1 was willing to settle the matter with petitioner on receiving the amount lying before this Court together with interest accrued thereon. Learned counsel for petitioner had sought time to take instructions. Learned counsel for the petitioner submits that offer of respondent no.1 is acceptable to the petitioner. Learned counsel for the respondent no.1 submits that respondent no.1 has no objection, in case offence is permitted to be compounded. Accordingly, offence under Section 138 of the Negotiable Instruments Act is permitted to be compounded. Petitioner is acquitted. Amount lying deposited in this Court together with interest accrued thereon be released to respondent no.1.

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

A.K. PATHAK, J.

AUGUST 01, 2016/dk