$-R-10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 2nd DECEMBER, 2013
+ CRL.A. 393/2003
VIJAY KUMAR VERMA ..... Appellant
Through : Mr.Arun Kumar Varma, Advocate
with Ms.Mansi Wadhera &
Mr.Joydeep Bhattacharya,
Advocates.
versus
STATE & ANR. ..... Respondents
Through : Mr.M.N.Dudeja, APP.
Mr.Arun Rathee, Advocate for
respondent No.2 with respondent
No.2 in person.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Open Court)
1. Vijay Kumar Verma (the appellant) impugns a judgment dated 20.05.2003 in Compliant Case No. 50/2003 titled 'Yogesh Sethi vs. Vijay Kumar Verma' by which he was convicted under Section 138 Negotiable Instruments Act and by an order dated 24.05.203 sentenced to undergo RI for six months with fine ` 2 lacs.
2. During the course of arguments, the parties expressed their desire to settle the dispute amicably. The parties have reported settlement. Crl.A. 393/2003 Page 1 of 2 It is agreed that the appellant shall pay ` 3.25 lacs to the respondent No.2 / complainant in full and final satisfaction of the whole claim. ` 2 lacs have already been deposited by the appellant in compliance of the order of this Court and the appellant's counsel has no objection for release of the said amount with accrued interest (if any) to the complainant. A cheque bearing No. 158765 dated 02.12.2013 in the sum of ` 1 lac drawn on Axis Bank has been handed over to the complainant in the Court today besides ` 25,000/- (in cash). The respondent No.2 and his counsel have no objection to settlement / compromise.
3. Since the matter has been settled and the appellant has paid ` 3.25 lacs in full and final satisfaction of the claims, the offence under Section 138 Negotiable Instruments Act stands compounded by the complainant. The appeal is accepted and the conviction and sentence of the appellant is set aside and he is acquitted in this case. Registry shall release ` 2 lacs with accrued interest (if any) to the complainant.
4. The appeal stands disposed of in the above terms.
(S.P.GARG) JUDGE DECEMBER 02, 2013/tr Crl.A. 393/2003 Page 2 of 2