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High Court of DelhiCRL.REV.P./792/2016

Karan Chhokar v. Govt Of NCT Of Delhi & ANR

2018-02-06Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 792/2016 KARAN CHHOKAR ..... Petitioner Through :

Mr Bhim Sen, Advocate.

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

Mr Akshai Malik, Addl. PP for the State.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 06.02.2018 CRL.REV.P. 792/2016 & Crl. M.A. 18999/2016(delay in filing for 843 days) 1.

By this petition, the petitioner impugns judgment dated 26.05.2014 passed by the Appellate Court dismissing the Appeal of the petitioner against the order dated 21.12.2013 convicting the petitioner under Section 138 of the Negotiable Instruments Act, 1881. 2.

Learned counsel for the petitioner submits that the parties have settled their disputes and respondent No.2 has been paid the entire cheque amount of Rs.6 lakhs.

3.

Respondent No.2 is present in person in Court today. He confirms that he has received the sum of Rs.6 lakhs and is agreeable to compounding of the said offence.

CRL.REV.P. 792/2016

4.

In view of the settlement between the parties and the amount being paid to respondent No.2 and further, the statement of the respondent No.2 that the entire amount has been received and he has no objection to the compounding of the offence, the offence being compoundable under Section 147 of the Negotiable Instruments Act, 1981, it is compounded, subject to the petitioner paying a sum of Rs.90,000/- calculated at the rate of 15% of the cheque amount to the Delhi State Legal Services Authority in terms of the judgment of the Supreme Court in Damodar S.Prabhu versus Sayed Babalal, H., 2010(5) SCC 663, within a period of four weeks from today. The petitioner is acquitted of the offence.

5.

Receipt of deposit of the costs shall be deposited with the Trial Court within a period of five weeks from today. 6.

The petition is accordingly allowed in the above terms. 7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 06, 2018 'Sn'

CRL.REV.P. 792/2016