High Court of DelhiCRL.REV.P./863/2018

Nipun Jasuja v. The State & ANR

2018-10-15Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 863/2018, CRL.M.(BAIL) 1579/2018 NIPUN JASUJA ..... Petitioner Through:

Mr. Ajeet Gupta, Advocate.

Versus

THE STATE & ANR ..... Respondents Through:

Mr. G.M. Farooqui, APP for State.

Mr. Pranav Gautam, Advocate for the complainant alongwith complainant.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 15.10.2018 The complainant/respondent no. 2 has been given a balance amount of Rs. 50,000/- by way of a Demand Draft No. 543447, dated 11.10.2018, drawn on ICICI Bank, Connaught Place, New Delhi, in terms of the settlement arrived at between the parties. The learned counsel for complainant/respondent No. 2 states, upon instructions, that the complainant has no lis remaining with the petitioner and he would not like to pursue the matter against the petitioner any further.

According to the impugned order, the cheque amount repayable is Rs.50,000/-. In terms of the Guidelines laid down by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H. [in Crl. Appeal No. 963 of 2010 decided on 3rd May, 2010], 15% of the cheque amount would be payable by the petitioner as costs. Accordingly, 15% of Rs. 50,000/- i.e. Rs.7,500/- shall be paid as costs in compounding of section 138 NI Act cases, by the petitioner into the Delhi High Court Lawyers' Welfare Trust.

In view of the above, the impugned judgment and sentence are set aside.

The petition and pending application stand disposed-off in the above terms.

NAJMI WAZIRI, J.

OCTOBER 15, 2018 rw/sb