Delhi High Court
Ravi Kapoor vs State & Anr. on 29 May, 2019
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 29.05.2019
+ CRL.REV.P. 622/2019
RAVI KAPOOR ..... Petitioner
versus
STATE & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Archana Sharma with Mr. Pawan
Kumar and Mr. Kuldeep Sharma, Advs.
For the Respondent : Ms. Meenakshi Dahiya, APP for the
State.
Mr. Saurabh Arora, the Executive of the
respondent No.2
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CRL.REV.P. 622/2019 & Crl.M.(Bail) 944/2019 (for suspension of
sentence) & Crl.M.A.11205/2019 (for condonation of delay)
1. Petitioner impugns judgment dated 31.10.2017, whereby, the
appeal of the petitioner, impugning order of conviction dated 30.03.2017
and order on sentence dated 22.06.2017, has been dismissed.
2. Petitioner has been convicted of an offence under Section 138
Negotiable Instrument Act, 1881 and sentenced to undergo simple
imprisonment of 6 months and to pay compensation of Rs.4,00,000/- and
in default to further undergo simple imprisonment of 6 month.
3. Subject cheque in issue was of Rs.3,94,683/-.
4. Learned counsel for the petitioner submits that apart from the
present complaint, two other complaints have been filed by the
respondent for cheque of Rs.7,50,596/- and Rs.6,92,937/- in which also
similar orders of conviction have been passed.
5. Learned counsel for the petitioner submits that settlement has
been arrived at with the complainant in all the three matters and a
Settlement Agreement dated 18.09.2018 has been executed between the
parties.
6. Learned counsel for the petitioner submits that it has been agreed
that a total sum of Rs.19 lakhs shall be paid in full and final settlement of
all claims of the respondent/complainant in all the three cases. The entire
amount of Rs.19 lakhs has been paid.
7. On 24.05.2019, Mr. Saurabh Arora, the Executive of the
respondent No.2 complainant was present in Court in person. He has
produced copy of the Resolution of the Board of Directors authorising
him to appear in the High court for giving the statement recording
settlement in the above matters. Original Resolution of the Board of
Directors has been produced in Court.
8. Mr. Saurabh Arora confirms that respondent No.2 complainant
has received the entire amount of Rs.19 lakhs and has no further claim
against the petitioner qua the said cheque and respondent No.2
complainant has no objection to the compounding of the subject offence.
9. Petitioner has deposited the costs equivalent to 15% of the cheque
amount i.e. Rs.59,202/- with the Delhi High Court Legal Services
Committee in terms of the judgment of the Supreme Court in Damodar
S. Prabhu, Vs. Syed Babulal (2010) 5 SCC 663. Receipt of deposit of
costs has been produced in Court. The same is taken on record.
10. In view of the settlement between the petitioner and the
complainant and payment of the entire settlement amount and deposit of
the costs equivalent to 15% of the cheque amount, subject offence is
compounded. Petitioner is acquitted of the subject offence.
11. Petition is allowed in the above terms.
12. Order Dasti under signatures of the Court Master.
MAY 29, 2019 SANJEEV SACHDEVA, J
st
