Samdev Das Gupta vs M/S Progressive Cargo Ltd.
2018 Latest Caselaw 5366 Del

$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment delivered on: 06.09.2018
+      CRL.REV. P. 511/2018
SAMDEV DAS GUPTA                                              ..... Petitioner
                                  versus

M/S PROGRESSIVE CARGO LTD.                                 ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Mr. Jasmeet Singh with Mr. Srivats Kaushal, Advs.

For the Respondents :      Mr. I.S. Alag, Sr. Adv. with Mr. D.K. Mahant, Mr.
                           R.S. Bisht and Mr. J. Singh, Advs.


CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                           ORDER

% 06.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner impugns judgment dated 26.05.2018 of the appellate court whereby the appellate court has dismissed the appeal of the petitioner impugning the order of conviction dated 09.04.2018 and order on sentence dated 21.04.2018.

2. The petitioner has been convicted of the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo imprisonment for a period of three months and to pay compensation of Rs. 20 lakhs, in default, to further undergo Simple Imprisonment

for a period of three months.

3. The value of the cheques in issue was Rs. 13,29,392/-. Learned counsel for the parties submit that parties have settled their disputes and petitioner has agreed to pay a total sum of Rs. 20 lakhs in full and final settlement of all claims of the respondent/complainant.

4. Learned counsel for the petitioner submits that the petitioner has deposited the said amount of Rs.20 lakhs with the Trial Court. Learned counsel for the parties further agree that out of the said amount of Rs. 20 lakhs, a sum of Rs. 2 lakhs be deposited with the Delhi State Legal Service Authority, in terms of the judgment of the Supreme Court in Damodar S.Prabhu versus Sayed Babalal H., (2010) 5 SCC 663 and the balance amount of Rs. 18 lakhs with interest accrued thereon be released to the respondent.

5. Petitioner undertakes that he shall pay an amount of Rs. 2 lakhs to the respondent within a period of three weeks from today. The undertaking is accepted.

6. In view of the above, it is directed that out of the said amount of Rs. 20 lakhs deposited by the petitioner with the trial court, Rs. 2 lakhs be sent to Delhi State Legal Services Authority representing costs equal to 15% of the cheque amount and the balance amount of Rs. 18 lakhs alongwith interest accrued thereon, if any, be released to respondent/complainant within two weeks from today.

7. Petitioner shall pay an amount of Rs. 2,00,00/- to the respondent within three weeks from today.

8. Learned counsels for the parties submit that since the parties have settled, the offences may be compounded.

9. In view of the above, the subject offence is compounded and the petitioner is acquitted of the said offence.

10. The petition stands disposed of in the above terms.

11. Order Dasti under signatures of the Court Master.

SEPTEMBER 06, 2018                       SANJEEV SACHDEVA, J
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