Nirmal Mehra v. Surender Kumar Aggarwal

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 660/2015 NIRMAL MEHRA ..... Petitioner Through:

Ms.Kaadambari Singh Puri, Ms. Jyoti Ojha and Ms.Abha Sinha, Advs.

versus SURENDER KUMAR AGGARWAL ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 19.10.2015 Crl. M.A.15295-96/2015 Exemptions granted subject to all just exceptions. Applications stand disposed of.

CRL.REV.P. 660/2015 & Crl. M.A.15293-94/2015 The present revision petition has been directed against the judgement dated 23.9.2015 passed by the learned Additional Sessions Judge whereby the judgment and order of sentence passed by the Trial Court in a case under Section 138 of Negotiable Instrument Act, 1881 dated 8.8.2014 was upheld. There has been no pronouncement by the Appellate Court on the question of sentence, and the case has been fixed for that purpose on a particular date. During the pendency of this revision petition, the parties decided to settle the dispute and as a result of such settlement, the complainant has agreed to compound the case with the petitioner.

It is submitted on behalf of the petitioner that the Appellate Court is proceeding ahead for deciding the quantum of sentence. The petitioner would be well advised to bring to the knowledge of the Appellate Court that the matter has been compounded and the complainant has hitherto given his consent to such compounding on certain terms and conditions.

In case such a petition is filed before the Appellate Court, the Appellate Court shall take into account the fact that the offence under Section 138 of Negotiable Instrument Act is compoundable and that in this case, the matter is settled and the compounding of such offence can be permitted at any stage.

With such observation, the present revision petition is disposed of. All the pending applications also stand disposed of. A copy of this order be given dasti under the signature of Court Master.

ASHUTOSH KUMAR, J OCTOBER 19, 2015 ns