Naresh Kumar v. Ashok

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 222/2015 & CRL.M.A. 13260/2024 NARESH KUMAR ..... Petitioner Through:

Mr. Daleep Dhyani, Adv. along with petitioner in person versus ASHOK ..... Respondent Through:

Ms. Niti, Adv. along with respondent in person

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 01.05.2024 1.

The present petition arises out of the complaint filed by the respondent/complainant under Section 138 of the NI Act. 2.

The learned Metropolitan Magistrate, vide his order dated 15.01.2015 had convicted the present petitioner for the offence under Section 138 NI Act and thereafter an order on sentence dated 04.02.2015 was passed sentencing the petitioner to simple imprisonment for a period of three months and with further direction to pay Rs.6,00,000/- to the respondent. 3.

The petitioner preferred an appeal against the aforesaid judgment of conviction and order of sentence being CA No.4/2015. The said appeal was also dismissed by the Court of learned Additional Sessions Judge (Special Fast Track Court), Dwarka Courts, New Delhi vide impugned order dated 07.04.2015.

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 04/05/2024 at 14:40:39

4.

The present revision petition has been filed against the aforesaid order dated 04.07.2015 whereby the appeal of the present petitioner was dismissed.

5.

During the pendency of the present petition, a joint application has been filed by the petitioner as well as the respondent stating that the parties have arrived at amicable settlement and the revision petition may be disposed of in view of the said settlement.

6.

The respondent no.2/complainant is present in Court. On a query posed by the Court, he affirms the factum of settlement and states that he has already received his compensation and therefore he has no objection in case the revision petition is disposed of.

7.

Since the parties have arrived at a settlement, therefore the offence under Section 138 of the NI Act stands compounded in terms of Section 147 of the NI Act and the accused is acquitted of the offence under Section 138 of the NI Act.

8.

Accordingly, the present petition is disposed of in the above terms. VIKAS MAHAJAN, J MAY 1, 2024 ns 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 04/05/2024 at 14:40:39