Delhi High Court
Gurcharan Singh Khara vs Smt. Vaneeta Khanna on 9 January, 2018
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.01.2018
+ CRL.REV.P. 297/2015
GURCHARAN SINGH KHARA ..... Petitioner
versus
SMT VANEETA KHANNA ..... Respondent
Advocates who appeared in this case:
For the Petitioner :Mr. Aditya Wadhwa, Mr. Abhir Dutt & Debopriyo
Moulik, Advocates with petitioner in person.
For the Respondents : Respondent in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
09.01.2018
SANJEEV SACHDEVA, J. (ORAL)
CRL.REV.P. 297/2015 , CRL.M.(BAIL)7042/2015,
CRL.M.A.7445/2015, CRL.M.A.9595/2015, CRL.M.A.4869/2016
& CRL.M.A.16975/2016
1. The petitioner impugns order dated 12.01.2015, rejecting the
appeal of the petitioner impugning order dated 24.11.2014.
2. The petitioner was held guilty of an offence under Section 138
of the Negotiable Instruments Act, 1881 and awarded sentence of
simple imprisonment for a period of one year and was directed to pay
a compensation of Rs. 1.25 crores to the respondent and in default of
payment of compensation, to undergo simple imprisonment for a
further period of six months.
3. It is contended by the petitioner that out of the said amount of
Rs. 1.25 crores, the petitioner has already paid Rs. 1.20 crores to
respondent. Further, it is contended that petitioner was taken in
judicial custody on 11.09.2014 and was released on 06.06.2015 under
the orders of this Court. Accordingly, the petitioner has been
incarcerated for approximately nine months.
4. The petitioner, today, is aged 80 years and for his movement
requires assistance of wheelchair.
5. The parties have entered into a settlement, whereby, it is
undertaken by the petitioner to pay the balance sum of Rs. 5 lakhs,
awarded as compensation to respondent by way of monthly
instalments in the sum of Rs. 15,000/- per month. The petitioner
undertakes to pay the said amount on or before the tenth day of each
month by way of either electronic transfer in the bank account of
respondent or, in the alternative, by way of a demand draft/banker's
cheque in the name of the respondent.
6. The respondent who appears in person submits that she has no
objection, in view of the above undertaking, if the petition is allowed
and the sentence of the petitioner is reduced to the period already
undergone.
7. Keeping in view the fact that the petitioner has paid a sum of
Rs. 1.20 lakhs and has undertaken to pay the balance amount of Rs. 5
lakhs to the respondent by way of monthly instalments of Rs.15,000/-
and also keeping in view that he has undergone the sentence of
approximately 9 months during which period he would have also
earns some remissions and keeping in view the fact that the petitioner
is aged 80 years and that the parties have settled their disputes, I am
of the view, that without interfering with the findings returned in the
judgment of the Trial Court, convicting the petitioner, it would be
expedient and, in the interest of the justice, to reduce the sentence
awarded to the petitioner for the period already undergone.
8. The undertaking of the petitioner to pay the balance amount of
Rs. 5 lakhs in the instalments @ Rs 15,000/- per month is accepted.
The petitioner is bound down to the same.
9. It is clarified that in case petitioner commits three successive
defaults, in the payment of instalment amount, the petitioner would
be liable to pay the entire balance amount forthwith and shall also be
liable for the consequence of breach of undertaking given to this
Court.
10. In view of the above, the petition is allowed. The sentence of
the petitioner is reduced to the period already undergone.
11. The petition is, accordingly, disposed of in the above terms.
12. Order Dasti under the signature of the Court Master.
SANJEEV SACHDEVA, J
JANUARY 09, 2018
nd/cks
