Sanjay Gupta v. Raj Kumar Bhadula

Delhi High Court · 15 Sep 2015 · 2015:DHC:7662
S. P. Garg
Crl.R.P.792/2014
2015:DHC:7662
criminal appeal_allowed

AI Summary

The Delhi High Court allowed the revision petition and acquitted the petitioner after the parties settled the Section 138 NI Act offence at the revisional stage through mediation.

Full Text
Translation output
Crl.R.P.792/2014 $-14 HIGH COURT OF DELHI
Date of Decision: 15th SEPTEMBER, 2015
CRL.REV.P. 792/2014
SANJAY GUPTA ..... Petitioner
Through : Mr.S.B.Sharma, Advocate.
VERSUS
RAJ KUMAR BHADULA .....Respondent
Through : Respondent in person.
CORAM:
HON’BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Oral)
JUDGMENT

1. Present revision petition has been preferred by the petitioner – Sanjay Gupta to challenge the legality and correctness of a judgment dated 09.12.2014 of learned Addl. Sessions Judge in Crl.A. No. 34/2012 by which the judgment and sentence order of learned Metropolitan Magistrate in CC No. 249/1under Section 138 Negotiable Instruments Act were upheld. The revision petition is contested by the respondent.

2. During the proceedings, the matter was referred to Delhi High Court Mediation & Conciliation Centre. The matter has been settled there. Settlement agreement dated 18.02.2015 has been received. Complainant / 2015:DHC:7662 Crl.R.P.792/2014 respondent present in the Court has informed that the matter has been settled and he has received the entire payment pursuant to that settlement. He has no objection to the disposal of the revision petition as settled / compounded.

3. Since the matter has been settled amicably between the parties before Delhi High Court Mediation & Conciliation Centre and the entire payment has been received by the complainant / respondent as per the terms and conditions arrived at between them, the offence stands compounded. The revision petition filed by the petitioner is disposed of as settled / compounded. The petitioner is acquitted.

4. Since the matter has been settled at revisional stage, considering the peculiar facts and circumstances of the case, the petitioner is directed to deposit `40,000/- as costs within a month before the Trial Court.

5. The revision petition stands disposed of accordingly. Pending application (if any) also stands disposed of.

6. Trial Court record (if any) along with copy of the order be sent back immediately.

JUDGE SEPTEMBER 15, 2015 / tr