High Court of DelhiCRL.REV.P./778/2018

Pawan Kumar Mahajan @ Bittoo v. Sh. Gurmeet Singh

2019-03-18Hon'Ble Mr. Justice Sunil Gaur2 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 778/2018 PAWAN KUMAR MAHAJAN @ BITTOO ..... Petitioner Through:

Mr. P.K. Srivastava, Advocate

Versus

SH. GURMEET SINGH ..... Respondent Through:

Mr. Satyam Singh, Advocate

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 18.03.2019 CRL.M.A. 5812/2019 (Early hearing) By way of this application, early hearing of the petition is sought on behalf of respondent.

Upon hearing, the date already fixed, i.e. 3rd May, 2019 is cancelled and the hearing of the petition is pre-poned to today. The application is accordingly disposed of.

CRL.REV.P. 778/2018 In view of the order passed in Crl.M.A. 5812/2019, the date of 3rd May, 2019 stands cancelled and this petition is heard today itself. Vide trial Court's order of 19th April, 2017 petitioner has been convicted for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for four months and has been directed to pay compensation of ₹2,00,000/- to respondent. CRL.REV.P. 778/2018

It is submitted that an amicable settlement has been reached between the parties. Petitioner's counsel submits that in terms of settlement, amount of ₹1,60,000/- deposited with the Registrar General of this Court vide order of 10th September, 2018, has to be released to respondent. Counsel for respondent affirms the aforesaid settlement reached between the parties.

Upon hearing and in view of settlement reached between the parties, impugned order of 19th April, 2017 passed by trial court and Appellate Court's order of 27th July, 2018 are hereby modified and substituted with direction to petitioner to pay the compensation amount of ₹1,60,000/-. The amount of ₹1,60,000/- deposited by petitioner with the Registrar General of this Court (which has been invested into FDR) be released to respondent forthwith alongwith interest accrued thereupon. With aforesaid modifications, this petition is accordingly disposed of.

(SUNIL GAUR) JUDGE MARCH 18, 2019 p'ma CRL.REV.P. 778/2018