Delhi High Court
Manish Kumar vs Amit Chaudhary on 30 May, 2025
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.05.2025
+ CRL.REV.P.(NI) 130/2025
MANISH KUMAR
.....Petitioner
Through: Mr. Brahmanand Gupta, Adv.
along with petitioner.
versus
AMIT CHAUDHARY
.....Respondent
Through: Ms. Rubina Bano, Adv. along
with respondent.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR
SHALINDER KAUR, J (ORAL)
CRL.M.A. 16997/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL. REV. P. (NI) 130/2025, CRL. M. A. 16998/2025, CRL. M. B.
3. The present revision petition under Section 438 read with
Section 442 of the Bharatiya Nagarik Suraksha Sanhita 2023 has been
filed, on behalf of the petitioner, assailing the Order and Judgment
dated 14.05.2025 (Impugned Judgment) passed by learned Additional
Sessions Judge-02, West District, Tis Hazari Courts, Delhi ("Sessions
Court") in Criminal Appeal No. 322/2023 titled as "Sh. Manish
Kumar vs. Sh. Amit Chaudhary".
4. The learned counsel for the petitioner submits that the learned
Sessions Court vide the Impugned Judgment has erred in upholding
the Judgment dated 18.08.2023 and Order on Sentence dated
22.08.2023 passed by the learned Metropolitan Magistrate-01, NI Act,
West Delhi, Tis Hazari Courts, Delhi in Ct. Case No. 2779/2017 titled
as "Sh. Amit Chaudhary vs. Sh. Manish Kumar", whereby he has
been held guilty for the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 and sentenced to undergo Simple
Imprisonment for a period of 04 months and to pay a fine of Rs.
9,09,000/- to the complainant and in default, to undergo further
Simple Imprisonment for 03 months.
5. The learned counsel further submits that vide the Impugned
Judgment, the petitioner has been directed to pay fine of Rs.
9,09,000/- (with interest 8% per annum approximately) to the
respondent as per Section 143 (1) (Proviso) NI Act read with Section
357(1)(3) of Cr.P.C. It is submitted that the compensation amount has
been paid to the respondent by way of Demand Draft in the sum of Rs.
3,00,000/- and in cash in the sum of Rs. 4,20,000/- and the balance
amount payable i.e. Rs. 2,00,000/-, is lying deposited before the
learned Trial Court for which the respondent can move appropriate
application for release of the amount.
6. He submits that pursuant to the Impugned Judgment, the parties
with intervention of family members, relatives, and mutual
acquaintances, the parties have arrived at an amicable and voluntary
resolution of all disputes persisting between them vide the
Memorandum of Understanding (MoU)/Settlement Deed dated
23.05.2025.
7. In furtherance thereof, the petitioner has undertaken to pay an
amount of Rs. 9,00,000/- as full and final settlement of all the claims
of the respondent.
8. The respondent, present in Court, upon being queried, affirms
that he has already received amount of Rs.7,20,000/- from the
petitioner and for the balance amount, which is lying deposited before
the learned Trial Court, he shall move appropriate application for
release thereof.
9. In view of the above, since the petitioner has paid the
compensation amount and the offence punishable under Section 138
of the NI Act stands compounded, the present petition is allowed and
the conviction awarded to the petitioner is hereby set aside, thus, he is
acquitted in the present case, subject to the condition that on moving
appropriate application by the respondent before the learned Trial
Court, the balance amount is released to him.
SHALINDER KAUR, J
MAY 30, 2025/ss/kp
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