High Court of DelhiCRL.REV.P./607/2014

Anita Suri v. Aseem Sethi & ANR

2016-09-14Joint Registrar (Judicial) Sh. Virender Bhatt (Dhjs)2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 607/2014 ANITA SURI ..... Petitioner Through :

Petitioner in person.

versus ASEEM SETHI & ANR ..... Respondents Through :

Mr. Vineet Chadha, Adv. for R-1 with R-1 in person.

Mr. Izhar Ahmad, APP for State.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.09.2016 Petitioner was convicted by trial court under Section 138 of Negotiable Instruments Act, 1881 vide judgment dated 25th March, 2013 and sentenced to undergo SI for six months and to pay compensation of `2,50,000/- to the complainant (respondent no.1), in default of payment of compensation to undergo SI for two months.

Petitioner filed Crl.A.No.38/2013 before the Additional Sessions Judge01 (West), Tis Hazari Courts, Delhi, which has been disposed of vide judgment dated 16th September, 2014, which is under challenge in this revision petition filed by petitioner. Appellate court has affirmed the conviction of appellant under Section 138 of the Act but has reduced the substantive sentence of six months to three months.

So far as quantum of compensation is concerned,

same has been maintained as it is.

Vide order dated 26th September, 2014, petitioner was admitted to bail subject to her depositing compensation/fine of `2,50,000/- with the Registrar General of this Court and furnishing personal bond in the sum of `20,000/- with one surety of the like amount to the satisfaction of Registrar General. It is submitted that petitioner has already deposited `2,50,000/- in this Court which fact is supported from the office noting dated 14th October, 2014. Amount is lying in the FDR. Petitioner submits that she is willing to settle the matter with the respondent no.1 and offers the amount deposited by her together with interest accrued thereon to respondent no.1 towards full and final settlement for all his claims arising under the cheque in question. Respondent no.1 is present in Court along with his counsel and submits that this offer is acceptable to him and he is willing to compound the matter on receipt of this amount.

Accordingly, offence under Section 138 of 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 by the Registry, forthwith.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

SEPTEMBER 14, 2016/dk