Royal Switchgears Pvt. Ltd. & Anr. vs K L Gugnanai
2015 Latest Caselaw 7017 Del

$-12
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    DECIDED ON : 16th SEPTEMBER, 2015

+     CRL.REV.P.551/2015, CRL.M.B.7672/15 & CRL.M.A.12992/15

      ROYAL SWITCHGEARS PVT. LTD. & ANR.                     ..... Petitioners
                           Through :    Mr.Ashok Kumar, Advocate.


                           versus
      K L GUGNANAI                                           .....Respondent
                           Through :    Mr.M.Dhawan, Advocate.

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

S.P.Garg, J. (Oral)

1. Present revision petition has been preferred by the petitioners to

challenge the legality and correctness of a judgment dated 22.08.2015 of

learned Addl. Sessions Judge in Crl.A. No. 64/2015 by which the judgment and

sentence order of learned Metropolitan Magistrate in CC No. 340/2/13 under

Section 138 Negotiable Instruments Act were upheld. The revision petition is

contested by the respondent.

2. During the proceedings, the matter was settled. Learned counsel

for the respondent stated that offence has been compounded and he has no

objection if the revision petition is disposed of as settled / compounded. He

further stated that the payment agreed to between the parties has been received

by the complainant.

3. Since the offence has been compounded by the complainant with

the petitioners with his free consent without any fear or pressure, the revision

petition filed by the petitioners is disposed of as settled / compounded. The

petitioner is acquitted.

4. Learned counsel for the petitioner prayed to substantially reduce

the costs to be deposited as the petitioner has remained in custody in this case

for about eighteen days and has settled the dispute with the complainant by

paying ` 1 lac more 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 `40,000/- as costs within two weeks before the Trial Court.

6. The revision petition stands disposed of accordingly. Pending

applications also stand disposed of.

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

back immediately.

(S.P.GARG) JUDGE

SEPTEMBER 16, 2015 / tr