Vijay Kumar Verma vs State & Anr.
2013 Latest Caselaw 5589 Del

$-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.

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