Delhi High Court
Vinod Mangla vs State Of Nct Of Delhi & Anr on 27 July, 2023
$~27 to 30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: July 27, 2023
+ CRL.REV.P. 424/2017
VINOD MANGLA ..... Petitioner
Through: Mr. Gautam Khazanchi,
Mr. Vaibhav Dubey and
Mr. Vinayak Chawla,
Advocates with petitioner in
person.
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Through: Ms. Manjeet Arya, APP for
State/R-1.
Mr. Biswajit Kumar and
Mr. Raghu Khanna, Advocates
for R-2 with R-2 in person.
28
+ CRL.REV.P. 428/2017
VIVEK MANGLA ..... Petitioner
Through: Mr. Gautam Khazanchi,
Mr. Vaibhav Dubey and
Mr. Vinayak Chawla,
Advocates with petitioner in
person.
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Through: Ms. Manjeet Arya, APP for
State/R-1.
Mr. Biswajit Kumar and
Mr. Raghu Khanna, Advocates
for R-2 with R-2 in person.
Signature Not Verified
CRL.REV.P. 424/2017 with connected matters Page 1 of 7
Digitally Signed
By:JITENDRA
Signing Date:03.08.2023
11:59:15
29
+ CRL.REV.P. 399/2017
JAI RAM SINGH ..... Petitioner
Through: Mr. Biswajit Kumar and
Mr. Raghu Khanna, Advocates
with petitioner in person.
versus
THE STATE & ANR ..... Respondents
Through: Ms. Manjeet Arya, APP for
State/R-1.
Ms. Tanya Agarwal and
Mr. Nikhil Srivastava,
Advocates for R-2.
30
+ CRL.REV.P. 400/2017 & CRL.M.A. 8145/2018
JAI RAM SINGH ..... Petitioner
Through: Mr. Biswajit Kumar and
Mr. Raghu Khanna, Advocates
with petitioner in person.
versus
THE STATE & ANR ..... Respondents
Through: Ms. Manjeet Arya, APP for
State/R-1.
Mr. Gautam Khazanchi,
Mr. Vaibhav Dubey and
Mr. Vinayak Chawla,
Advocates with petitioner in
person for R-2 with R-2 in
person.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
J U D G M E N T (oral)
1. The present criminal revision petitions are filed under sections
Signature Not Verified
Digitally Signed
By:JITENDRA
Signing Date:03.08.2023
11:59:15
397/401 Cr.P.C. read with sections 482/483 Cr.P.C. to set aside the
judgment and order dated 14.03.2017 passed by Shri Sunil K.
Aggarwal, Additional Sessions Judge-04, North-West District, Rohini
Courts, Delhi in Criminal Appeals bearing no.19169/2016 titled as Jai
Ram Singh V Vinod Mangla and 19168/2016 titled as Jai Ram
Singh V Vivek Mangla.
2. Jai Ram Singh (hereinafter referred to as the "accused") issued
two cheques bearing no. 999124 dated 20.08.2011 and 203550 dated
29.05.2011 amounting to Rs.2,50,000/- and Rs.1,50,000/- drawn on
Punjab National Bank, Sainik Vihar, Delhi-110034 in favour of Vinod
Mangla and Vivek Mangla (hereinafter referred to as the
"complainants"), towards discharge of liability and the said cheques
were got dishonoured when presented for encashment on the ground
of 'funds insufficient' vide return memo dated 16.02.2012 and
05.12.2011, respectively.
3. The complainants being aggrieved, filed complaints under
section 138 of the Negotiable Instruments Act, 1881 (hereinafter
referred to as the "NI Act") bearing CC no.6068/16 titled as Vinod
Mangla V Jai Ram Singh and bearing CC no. 5915/16 titled as
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By:JITENDRA
Signing Date:03.08.2023
11:59:15
Vivek Mangla V Jai Ram Singh. The Court of Ms. Meenu Kaushik,
MM, North-West District, Rohini Courts, Delhi vide judgment dated
31.05.2016, convicted the accused for the offence punishable under
section 138 of the NI Act and vide order on sentence dated
08.06.2016, sentenced the accused for simple imprisonment for one-
year and further directed to pay compensation of Rs.3,50,000/- to the
complainants and in default of payment of compensation, to further
undergo simple imprisonment for a period of 06 months.
4. The accused being aggrieved, filed criminal appeals bearing
no.19169/2016 titled as Jai Ram Singh V Vinod Mangla and
19168/2016 titled as Jai Ram Singh V Vivek Mangla, which were
dismissed by the Court of Shri Sunil K. Aggarwal, Additional
Sessions Judge-04, North-West District, Rohini Courts, Delhi vide
judgment and order dated 14.03.2017. However, the amount of
compensation was reduced from Rs.3,50,000/- to Rs.1,50,000/-.
5. The complainants being aggrieved, filed the present revision
petitions bearing no.424/2017 and 428/2017 and the accused also filed
the revision petitions bearing no. 399/2017 and 400/2017.
6. Due to intervention of the court, both the complainants and the
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Digitally Signed
By:JITENDRA
Signing Date:03.08.2023
11:59:15
accused have agreed to settle their disputes. The complainant/Vinod
Mangla stated that the complainant/Vivek Mangla is his son and he
has authorised him to settle with the accused. It is agreed that the
accused shall pay Rs.1,50,000/- towards full and final satisfaction of
all the claims of both the complainants, namely, Vinod Mangla and
Vivek Mangla in six monthly instalments of Rs.25,000/- each
commencing from August, 2023 to be deposited in the account
no.98090100007093, IFSC Code-BARB0EXTVIS, Bank of Baroda,
Parwana Road, Delhi-110034 on or before 15th day of each month of
English calendar without any default.
7. In view of the above settlement, the orders on sentence dated
08.06.2016 passed in complaint cases bearing no.6068/16 titled as
Vinod Mangla V Jai Ram Singh and bearing CC no. 5915/16 titled
as Vivek Mangla V Jai Ram Singh by the Court of Ms. Meenu
Kaushik, MM, North-West District, Rohini Courts, Delhi and
judgment dated 14.03.2017 passed by Shri Sunil K. Aggarwal,
Additional Sessions Judge-04, North-West District, Rohini Courts,
Delhi in Criminal Appeals bearing no.19169/2016 titled as Jai Ram
Singh V Vinod Mangla and 19168/2016 titled as Jai Ram Singh V
Signature Not Verified
Digitally Signed
By:JITENDRA
Signing Date:03.08.2023
11:59:15
Vivek Mangla is accordingly modified to the extent of payment of
Rs.1,50,000/- as compensation.
8. It is stated that the accused Jai Ram Singh has already
undergone simple imprisonment for one-year in both the complaint
cases. It is made clear that the order on sentence dated 08.06.2016
passed in complaint cases bearing no.6068/16 and 5915/16 by the
Court of Ms. Meenu Kaushik, MM, North-West District, Rohini
Courts, Delhi and judgments dated 14.03.2017 passed in Criminal
Appeals bearing no.19169/2016 and 19168/2016 by the Court of Shri
Sunil K. Aggarwal, Additional Sessions Judge-04, North-West
District, Rohini Courts, Delhi are modified subject to the payment of
Rs.1,50,000/- in the manner as detailed hereinabove.
9. In case of single default, the sentences awarded by judgments
dated 14.03.2017 passed in Criminal Appeals bearing no.19169/2016
and 19168/2016 shall be revived.
10. The complainants Vinod Mangla and Vivek Mangla shall be at
liberty to approach this court in case of any default on the part of the
accused Jai Ram Singh.
Signature Not Verified
Digitally Signed
By:JITENDRA
Signing Date:03.08.2023
11:59:15
11. The present petitions along with pending applications, if any,
stand disposed of.
(DR. SUDHIR KUMAR JAIN)
JUDGE
JULY 27, 2023
N/SD
Signature Not Verified
Digitally Signed
By:JITENDRA
Signing Date:03.08.2023
11:59:15
