Charu Rohtagi vs Kiran Uppal & Anr.
2015 Latest Caselaw 6284 Del

$-13
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   DECIDED ON : 25th AUGUST, 2015

+     CRL.REV.P.372/2015, CRL.M.A.No.12130/2015 & CRL.M.B.
      7260/2015

      CHARU ROHTAGI                                       ..... Petitioner

                         Through :    Mr.Vivek Srivastava, Advocate.


                         versus

      KIRAN UPPAL & ANR.                                  .....Respondents

                         Through :    Mr.Amarjit Singh, Advocate.
                                      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

- Charu Rohtagi to challenge the legality and propriety of an order dated

06.04.2015 of learned Addl. Sessions Judge in Crl.A. No. 103/14 by

which order dated 03.06.2014 under Section 138 Negotiable Instruments

Act of the learned Metropolitan Magistrate was upheld. The petitioner

was directed to undergo sentence Till rising of the Court (TRC) with fine

of `7,50,000/-, `7,25,000/- were payable to the complainant. The revision

petition is contested by the respondent No.1 / complainant.

2. During the course of arguments, the parties settled the

dispute. Certain amount has been deposited by the petitioner in RFA

No.342/2013. The amount deposited in the said RFA has been ordered to

be released to the complainant pursuant to the settlement. Leaned counsel

for the respondent No.1 / complainant states that he has no objection if the

revision petition stands disposed of as settled / compounded.

3. Since the matter has been settled amicably between the

parties, revision petition filed by the petitioner is disposed of as settled /

compounded. The petitioner is acquitted. The complainant / respondent

No.1 will be entitled to the release of the amount deposited by the

petitioner in RFA No.342/2013.

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

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

is directed to deposit `40,000/- as costs within two weeks before the Trial

Court.

5. The revision petition stands disposed of accordingly. Pending

applications also stand disposed of.

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

sent back immediately.

(S.P.GARG) JUDGE

AUGUST 25, 2015 / tr