Sanjay Kumar Tiwari v. Devender Kumar & ANR

$~27.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 984/2018 SANJAY KUMAR TIWARI ..... Petitioner Through: Mr. Sundeep Sehgal, Advocate with petitioner in person versus DEVENDER KUMAR & ANR ..... Respondents Through: Mr. Anish Dhingra, Advocate respondent No.1 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.01.2020 1.

Learned counsel for the parties submit that the parties have arrived at a settlement.

2.

Learned counsel for respondent No.1 submits that entire amount of Rs.16,80,000/- in term of the order on sentence dated 12.03.2018 has been received and Rs.20,000/- has already been deposited. A copy of the receipt dated 28.01.2020 has been handed over which is taken on record. 3.

Learned counsel for the petitioner submits that the petitioner is the only bread earner in the family and has already undergone three months of sentence.

4.

Learned counsel for the petitioner has relied upon the decision of the Supreme Court in the case of Damodar S.Prabhu v. Sayed Babalal H. reported as (2010) 5 Supreme Court Cases 663 and prayed that the cost @ 15% be reduced.

CRL.REV.P. 984/2018

5.

In view of the settlement arrived at between the parties, the offence under Section 138 of the NI Act against the petitioner is permitted to be compounded, subject to payment of costs of Rs.1,05,000/- to be deposited by the petitioner with the "Delhi High Court Legal Services Committee" within a period of one week from the date of this order. The petitioner stands acquitted.

6.

Proof of deposit of costs be filed in the Court. 7.

The petition is disposed of along with the pending application. 8.

DASTI.

MANOJ KUMAR OHRI, J JANUARY 28, 2020 na CRL.REV.P. 984/2018