Ramesh Kumar vs State Nct Of Delhi & Anr.
2015 Latest Caselaw 7056 Del

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

                              DECIDED ON : 17th SEPTEMBER, 2015

+            CRL.REV.P.356/2015 & CRL.M.A.11622 /15

      RAMESH KUMAR                                        ..... Petitioner
                         Through :    Mr.R.D.Rana, Advocate with
                                      Ms.Tabassum, Advocate.


                         versus
      STATE NCT OF DELHI & ANR.                           .....Respondents
                         Through :    Mr.Ashok K.Garg, APP.
                                      Mr.Sudhir Naagar, Advocate with
                                      Mr.Priyank Khattar, 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 a judgment dated 16.05.2015

of learned Special Judge (PC Act) / Addl. Sessions Judge in Crl.A.

No.22/2015 by which the judgment of learned Metropolitan Magistrate in

CC No. 135/1/12 under Section 138 Negotiable Instruments Act was

upheld. Sentence order was modified to the extent that compensation

amount would be `1,60,000/- instead of `2,00,000/-. The revision petition

is contested by respondent No.2.

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

for the respondent No.2 / complainant informed that the matter has been

settled by the complainant with the petitioner without any fear or pressure.

It is agreed that `1,00,000/- deposited by the petitioner in the form of

FDR before the Trial Court shall be released to the complainant. `60,000/-

(in cash) have been paid in the Court today to the counsel for the

complainant pursuant to the settlement and in compliance of the order

dated 29.07.2015. The petitioner agreed to pay additional `15,000/- to the

complainant within four weeks. On this, learned counsel for the

complainant has no objection to the compounding of the offence and

disposal of the revision petition as 'settled'.

3. Since the parties have settled the dispute and the offence

stands compounded by the complainant with the petitioner with his free

consent without any fear or pressure, revision petition filed by the

petitioners is disposed of as settled / compounded. The petitioner is

acquitted.

4. Learned counsel for the petitioner prays to substantially

reduce the costs to be deposited as the petitioner has remained in custody

in this case for about one month and has settled the dispute with the

complainant by paying `15,000/- more.

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 `10,000/- 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

SEPTEMBER 17, 2015 / tr