Delhi High Court
Subhash Batra vs Vijay Kumar on 19 July, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision : 19.07.2023
+ CRL.REV.P. 735/2023 & CRL.M.(BAIL) 979/2023
SUBHASH BATRA ..... Petitioner
Through: Mr. Ashok Kumar, Mr. Deepak
Chauhan, Mr. Kamal Chauhan
and Ms. Pooja Chauhan, Advs.
versus
VIJAY KUMAR ..... Respondent
Through: Mr. Manas Shukla, Advocate
with respondent in person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
RAJNISH BHATNAGAR, J (ORAL)
1. The present revision petition has been filed under Section 397
Cr.P.C seeking following relief:-
"allow the Revision and set aside the impugned
convicting the Petitioner/Accused vide Judgment
dated 10.05.2023 in which the appellant/accused
held guilty and against order on sentence dated
02.06.2023,in which the appellant/accused was
convicted to sentenced a simple imprisonment of
one year and to pay a compensation of
Rs.1,25,000/- to the complainant.in default of
payment of compensation amount, convict shall
futher undergo simple imprisonment for 90 days,
for the offence u/s 138 n.i act, passed by the
Hon'ble Court of Sh Gagandeep singh ASJ north
Signature Not Verified
Digitally Signed
Signing Date:20.07.2023
11:13:50
Rohini and Dhirendra Rana, Ld. ASJ/SPL Judge
(NDPS), North, Rohini Court Delhi vide Criminal
Appeal no.63 of 2022 by allowing this Revision and
the Appellant be acquitted and he be set free;"
2. Petitioner is aggrieved by the judgment dated 10.5.2023 and the
order on sentence dated 02.06.2023 by virtue of which he was
convicted for the offence under Section 138 NI Act and was sentenced
to undergo simple imprisonment of one year and to pay a
compensation of Rs.1,25,000/- to the complainant, and in default of
payment of compensation amount, to further undergo simple
imprisonment for 90 days.
3. It is submitted by the counsel for the petitioner that the matter
has been amicably settled between the parties for a sum of
Rs.2,00,000/-. It is further submitted that out of this total settlement
amount, Rs.25,000/- has already been paid and balance sum of
Rs.1,75,000/- has been paid today in Court to the complainant. It is
further submitted that the petitioner has undergone 10 months out of
the total sentence awarded to him, and it is prayed that the petitioner
may be released for the period of sentence already undergone by him.
4. On the other hand, it is submitted by the complainant who is
present in person in Court along with his counsel that he has settled
the matter with the petitioner for a sum of Rs.2,00,000/- out of which
Rs. 1,75,000/- has been received by him in cash today in Court. It is
further submitted by the complainant that he has no objection, in case
the petitioner is released for the period of sentence already undergone
by him.
Signature Not Verified
Digitally Signed
Signing Date:20.07.2023
11:13:50
5. In the instant case, nothing has been brought before this Court
to show that petitioner does not have clean past antecedents and
further the matter has been amicably settled between the parties.
6. I have also perused the nominal roll dated 18.07.2023 which
shows that petitioner has undergone 10 months and 13 days out of the
total sentence of one year awarded to him.
7. Keeping in view the facts and circumstances of this case, nature
of offence, and also the fact that the matter has been settled between
the parties, and the entire settlement amount has been paid to the
complainant; the petitioner has clean past antecedents and he has
undergone the substantial part of the sentence, the ends of justice
would meet if the petitioner is released for the period of sentence
already undergone by him. Accordingly, the petitioner is directed to be
released for the period of sentence already undergone by him, which is
10 months and 13 days as per the nominal roll dated 18.07.2023.
8. The petition stands disposed of along with pending application,
if any.
9. A copy of this order be communicated electronically to the jail
authorities and the learned trial.
10. Dasti.
RAJNISH BHATNAGAR, J
JULY 19, 2023/ib
Signature Not Verified
Digitally Signed
Signing Date:20.07.2023
11:13:50
