Jai Pal Singh vs State And Another
2015 Latest Caselaw 5486 Del

$-21
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       DECIDED ON : 31st JULY, 2015

+                        CRL.REV.P. 303/2014

      JAI PAL SINGH                                       ..... Petitioner

                         Through :    Mr.Vineet Mehta, Advocate.


                         versus

      THE STATE & ANR.                                    ..... Respondents

                         Through :    Mr.Amit Ahlawat, APP.
                                      Ms.Shantha Devi Raman, Advocate
                                      with Mr.Mukesh Sharma, Advocate
                                      for R2.

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

S.P.Garg, J. (Oral)

1. Present revision petition has been preferred by the petitioner

to challenge the legality and correctness of an order dated 29.04.2014 of

learned Addl. Sessions Judge in Crl.A. No. 75/14 titled 'Jai Pal Singh vs.

Smt. Bimla Devi', whereby order dated 26.11.2013 of learned

Metropolitan Magistrate in Complaint Case No.129G/13 under Section

138 Negotiable Instruments Act was upheld.

2. Under Section 138 Negotiable Instruments Act, the petitioner

was sentenced to undergo SI for four months with fine ` 2,50,000/-.

`2,30,000/- were to be paid as compensation to the complainant. The

petitioner was taken into custody after disposal of appeal on 29.04.2014.

By an order dated 20.05.2014, the sentence was suspended on his

depositing ` 2,00,000/- with the Registrar General of this Court within

two weeks.

3. Subsequently, with the consent of the parties, the matter was

referred to Delhi High Court Mediation Centre. Report from the Delhi

High Court Mediation Centre has been received whereby the matter has

been resolved between the parties. Learned counsel for the respondent

No.2 states that the matter has settled by the complainant with her free

consent without any fear or pressure. The settled amount has been

received by her. Learned counsel for the petitioner has no objection to the

release of ` 2,00,000/- along with accrued interest (if any) to the

complainant pursuant to the settlement.

4. Since the matter has been settled before the Delhi High Court

Mediation Centre amicably by the parties, the petition stands disposed of

as settled / compounded. The petitioner is acquitted. A sum of `2,00,000/-

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

5. Since the petitioner has settled the dispute at revisional stage

after undergoing some days in custody, considering the facts and

circumstances, he is directed to pay costs ` 15,000/- only within two

weeks before the Trial Court.

6. The revision petition stands disposed of accordingly.

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

sent back immediately.

(S.P.GARG) JUDGE

JULY 31, 2015 / tr