M/S Ashu Fashion vs M/S Seema Collection & Anr.
2015 Latest Caselaw 9500 Del

$~27
*    IN THE HIGH COURT OF DELHI AT NEW DELHI


                                  DECIDED ON : DECEMBER 21, 2015


+      CRL.REV.P. 791/2015 & Crl.M.A.18454/2015,
       Crl.M.B.8305/2015

       M/S ASHU FASHION
                                                           ..... Petitioner
                         Through :    Mr.Satvinder Singh, Advocate.


                         versus


       M/S SEEMA COLLECTION & ANR.
                                                        ..... Respondents
                         Through :    Mr.Bhushan Tiwari, Advocate, for
                                      R-1 along with complainant present
                                      in person.

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

S.P.GARG, J. (ORAL)

1. The present revision petition has been preferred by the

petitioner to challenge the legality and correctness of an order dated

06.11.2015 of learned Additional Sessions Judge in CA No.32/15 by

which the judgment dated 14.07.2014 and sentence order dated

17.07.2014 of learned Chief Metropolitan Magistrate were upheld. The

petitioner was convicted under Section 138 Negotiable Instruments Act

and was sentenced to undergo Simple Imprisonment for six months with

compensation amount of `3,00,000/-.

2. During the course of arguments, Crl.M.A.No.18454/2015

was filed to report settlement between the parties. The complainant with

his counsel appeared and stated that the matter has been compounded by

him with the petitioner with his free consent and the settled amount has

since been received. He has no objection to the disposal of the revision

petition as settled/compounded.

3. Since the revision petition has been settled/compounded by

the complainant with his free consent and he has received the settlement

amount, the revision petition is disposed of as settled/compounded. The

petitioner is acquitted.

4. The petitioner is in custody since 06.11.2015. Considering

the poor economic condition of the petitioner, he is directed to pay

`20,000/- as costs within ten days before the Trial Court as the matter has

been settled at revisional stage.

5. The revision petition stands disposed of in the above terms.

All pending applications also stand disposed of. Trial Court record (if any)

be sent back forthwith along with the copy of the order. Intimation be

also sent to the Superintendent Jail.

6. The date already fixed in the matter i.e. 12.01.2016 stands

cancelled.

Order dasti.

(S.P.GARG) JUDGE DECEMBER 21, 2015 sa