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High Court of DelhiCRL.REV.P./483/2018

Parminder Khetarpal v. Stateof NCT Of Delhi & ANR

2018-05-25Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 483/2018 PARMINDER KHETARPAL ..... Petitioner Through:

Petitioner in person.

versus STATEOF NCT OF DELHI & ANR ..... Respondents Through:

Mr. M.S. Oberoi, APP for State.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.05.2018 Petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent no.2 before the trial court. After trial respondent no.2 was convicted by the learned Metropolitan Magistrate vide judgement dated 16th November, 2017 and was sentenced to simple imprisonment for two months and also to pay compensation of `80,000/- to the complainant (petitioner) within 30 days. Respondent no.2 preferred an appeal before the Sessions Judge, Delhi (Appellate Court), which has been disposed of vide judgment dated 14th March, 2018 whereby conviction and sentence of compensation have been upheld, however, sentence of simple imprisonment of two months has been modified and benefit of probation has been given to the respondent no.2. Aggrieved by the judgment, petitioner has filed present revision petition under Section 397

Cr.P.C. read with Section 482 Cr.P.C.

Cheque amount is `58,000/-. Respondent no.2 has been directed to pay compensation of `80,000/- to the petitioner, which is a suitable compensation.

During the course of hearing, it has been brought to the notice of this Court that the compensation stands paid. Accordingly, I do not find any material illegality in the impugned judgment whereby benefit of probation has been given to the respondent no.2. Petition is dismissed. Miscellaneous applications are disposed of as infructuous.

A.K. PATHAK, J.

MAY 25, 2018 ga