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Date of Decision: 24th AUGUST, 2015
NAVEEN SINGHAL ..... Petitioner
Through : Ms.Saahila Lamba, Advocate.
Through : Mr.Prag Chawla, Advocate for R1.
Mr.Ashok K.Garg, APP.
S.P.Garg, J. (Oral)
JUDGMENT
1. Present revision petition has been preferred by the petitioner – Naveen Singhal to challenge the legality and propriety of an order dated 26.07.2014 of learned Addl. Sessions Judge in Crl.A. No. 17/14 titled ‘Naveen Singhal vs. M/s. Raghubir Saran Amit Kumar’, by which findings of the Trial Court on conviction under Section 138 Negotiable Instruments Act were upheld. Sentence order was modified to the extent that instead of 2015:DHC:6862 undergoing Simple Imprisonment for One year, the petitioner shall pay `90,000/- as compensation / fine, out of which `80,000/- shall be payable to the complainant. The revision petition is contested by the respondents.
2. By an order dated 03.09.2014, the petitioner was directed to deposit `80,000/- within two weeks before the Registrar General of this Court (to be kept in an interest bearing FDR till further orders) at the time of suspension of sentence. The order has since been complied with by the petitioner.
3. During the course of arguments, the matter was settled / compounded by the parties. It was agreed that the amount `80,000/- along with accrued interest (if any) deposited by the petitioner in compliance of the order dated 03.09.2014 shall be released to the complainant. On receipt of that amount, the complainant would be left with no other claim against the petitioner. Learned counsel for the complainant / respondent No.1 states that he has no objection to the revision petition being disposed of as settled / compounded. Leaned counsel for the petitioner has no objection to the release of `80,000/- along with accrued interest (if any) to the complainant pursuant to the said settlement.
4. Since the matter has been settled amicably between the parties, revision petition stands disposed of as settled / compounded. The petitioner is acquitted. `80,000/- deposited by the petitioner along with accrued interest (if any) shall be released to the complainant.
5. Since the matter has been settled at revisional stage, considering the peculiar facts and circumstances of the case, the petitioner is directed to deposit ` 5,000/- as costs within two weeks before the Trial Court.
6. The revision petition stands disposed of accordingly. Pending application also stands disposed of.
7. Trial Court record (if any) along with copy of the order be sent back immediately.
JUDGE AUGUST 24, 2015 / tr