Delhi High Court
Cdr Brij Mohan Lal Khemchand ... vs State And Others on 27 July, 2018
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27.07.2018
+ CRL.REV.P. 506/2017
CDR BRIJ MOHAN LAL KHEMCHAND CHHABRA
..... Petitioner
versus
STATE AND OTHERS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Rakesh Kumar Sharma, Advocate.
For the Respondents : Ms. Neelam Sharma, APP for State.
Mr. Shaildev Dahiya, Advocate for R-2 & 3 with R-
2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 27.07.2018
SANJEEV SACHDEVA, J. (ORAL)
CRL.REV.P. 506/2017 & Crl.M.(Bail) 1292/2017 (suspension of
sentence)
1. Petitioner impugns order dated 15.07.2017 of the Appellate Court,
whereby, the appeal filed by the petitioner impugning the Order on
Conviction dated 20.10.2016 and Order on Sentence dated 22.11.2016,
passed by the Trial Court, has been dismissed.
2. The petitioner was convicted for an offence under Section 138 of the
Negotiable Instrument Act, 1881. The complaint was filed in respect of a
cheque in the sum of Rs.2,00,000/-.
3. The parties have entered into a settlement with regard to the subject
cheque as well as the other disputes between the parties and the total sum of
Rs.10,00,000/- has been agreed to be paid to the respondent No.2.
4. It is informed that a sum of Rs.2,00,000/- already stands deposited
with this Court, in terms of order dated 19.07.2017. A sum of
Rs.8,00,000/- has been paid to the respondent Nos.2 & 3, who are present
in Court in person and represented by counsel, by way of the following four
Demand Drafts:-
(i) Demand Draft No.091053 dated 21.07.2018 issued by
Standard Chartered Bank for Rs.2,00,000/-
(ii) Demand Draft No.091055 dated 21.07.2018 issued by
Standard Chartered Bank for Rs.2,00,000/-
(iii) Demand Draft No.091052 dated 21.07.2018 issued by
Standard Chartered Bank for Rs.2,00,000/-
(iv) Demand Draft No. No.091051 dated 21.07.2018 issued by
Standard Chartered Bank for Rs.2,00,000/-
5. It is agreed that the amount of Rs.2,00,000/-, deposited with this
Court along with interest be apportioned in the following manner:-
(i) Rs.30,000/- being 15% of the cheque amount be deposited as
cost, in terms of the Judgment of the Supreme Court in Damodar
S.Prabhu versus Sayed Babalal H., 2010(5) SCC 663 with the
Delhi State Legal Service Authority and;
(ii) the balance amount of Rs.1,70,000/- along with interest
accrued on the said amount of Rs.2,00,000/- be released in favour
of the respondent No.2/the complainant.
6. Out of the amount deposited by the petitioner in terms of order dated
19.07.2017, the Registry is directed to remit an amount of Rs.30,000/- to
the Delhi State Legal Services Authority towards costs in terms of
judgment in Damodar S Prabhu (supra). The balance amount along with
interest accrued thereon be released in favour of the respondent No.2.
7. The petitioner undertakes that the he shall pay a further sum of
Rs.30,000/- to respondent No.2 within one week from today by way of a
pay order.
8. The undertaking given by the petitioner is accepted. He shall pay
the said amount within a period of one week to the respondent No.2 and file
in the Registry the receipt of the payment of the balance amount to the
respondent No.2.
9. In view of the above settlement, the subject offence is compounded.
The petitioner is acquitted of the said offence. Petition is disposed of in the
above terms.
10. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 27, 2018
st
