Naveen Singhal vs M/S Raghubir Saran Amit Kumar & ...
2015 Latest Caselaw 6225 Del

$-9
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   DECIDED ON : 24th AUGUST, 2015

+     CRL.REV.P. 532/2014 & CRL.M.A.No.502/2015

      NAVEEN SINGHAL                                      ..... Petitioner

                         Through :    Ms.Saahila Lamba, Advocate.


                         versus

      M/S RAGHUBIR SARAN AMIT KUMAR & ANR.

                                                          .....Respondents

                         Through :    Mr.Prag Chawla, Advocate for R1.
                                      Mr.Ashok K.Garg, APP.


       CORAM:
       HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Oral)

1. Present revision petition has been preferred by the petitioner

- Naveen Singhal to challenge the legality and propriety of an order dated

26.07.2014 of learned Addl. Sessions Judge in Crl.A. No. 19/14 titled

'Naveen Singhal vs. M/s. Raghubir Saran Amit Kumar', by which findings

of the Trial Court on conviction under Section 138 Negotiable Instruments

Act were upheld. Sentence order was modified to the extent that instead of

undergoing Simple Imprisonment for One year, the petitioner shall pay

`90,000/- as compensation / fine, out of which `80,000/- shall be payable

to the complainant. The revision petition is contested by the respondents.

2. By an order dated 03.09.2014, the petitioner was directed to

deposit `80,000/- within two weeks before the Registrar General of this

Court (to be kept in an interest bearing FDR till further orders) at the time

of suspension of sentence. The order has since been complied with by the

petitioner.

3. During the course of arguments, the matter was settled /

compounded by the parties. It was agreed that the amount `80,000/- along

with accrued interest (if any) deposited by the petitioner in compliance of

the order dated 03.09.2014 shall be released to the complainant. On

receipt of that amount, the complainant would be left with no other claim

against the petitioner. Learned counsel for the complainant / respondent

No.1 states that he has no objection to the revision petition being disposed

of as settled / compounded. Leaned counsel for the petitioner has no

objection to the release of `80,000/- along with accrued interest (if any) to

the complainant pursuant to the said settlement.

4. Since the matter has been settled amicably between the

parties, revision petition stands disposed of as settled / compounded. The

petitioner is acquitted. `80,000/- deposited by the petitioner along with

accrued interest (if any) shall be released to the complainant.

5. Since the matter has been settled at revisional stage,

considering the peculiar facts and circumstances of the case, the petitioner

is directed to deposit ` 5,000/- as costs within two weeks before the Trial

Court.

6. The revision petition stands disposed of accordingly. Pending

application also stands disposed of.

7. Trial Court record (if any) along with copy of the order be

sent back immediately.

(S.P.GARG) JUDGE

AUGUST 24, 2015 / tr