Subhash Chander @ Subhash Chand v. State & Anr

Delhi High Court · 05 Aug 2015 · 2015:DHC:11241
S.P. Garg
CRL.REV.P. 197/2014
2015:DHC:11241
criminal petition_allowed

AI Summary

The Delhi High Court allowed the revision petitions by acquitting the petitioner and disposing the cases as settled under Section 138 Negotiable Instruments Act upon the parties' amicable settlement.

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$-5 to 8 HIGH COURT OF DELHI
CRL.REV.P. 197/2014
SUBHASH CHANDER @ SUBHASH CHAND Petitioner
Through : Petitioner present in person.
VERSUS
STATE & ANR Respondents
Through ; Mr.Navin K.Jha, APP.
Mr.S.S.Saini, Advocate, for R-2.
CRL.REV.P. 201/2014
VERSUS
Through : Mr.Navin K.Jha, APP.
CRL.REV.P. 202/2014
Through ; Petitionerpresent in person.
Crl.Rev.P.No.197/14 and comectedmatters , Page 1 of4
2015:DHC:11241 (p
VERSUS
Through : Mr.Navin KJha, APP.
CRL.REV.P. 203/2014
VERSUS
Through : Mr.Navin K.Jha, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
05.08.2015
ORDER

(1) The aforesaid revision petitions have been preferred the petitioner to challenge the legality and correctness of order dated 1.3.2014 of learned Additional Sessions Judge in Crl.A.Nos.40/14, 41/14, 42/14 and 39/14 by judgments of learned Metropolicant Magistrate dated 17.01.2013 in CC Nos.2463/1/05, 2466/1/05, 2465/1/05 and 2462/1/05 under Section 138 Negotiable Instruments Act were upheld. The petitioner was convicted for various prison Crl.Rev.P.No. 197/14 and connected matters Page 2 of[4] terms and was directed to pay double the amount of the cheques in question as compensation to the complainant. The petitions are contested by respondent No.2/complainant. (2) Vide orders dated 31.3.2014 in the above revision petitions, the petitioner was directed to deposit in all ^3,37,000/- with the Registrar General of this Court within aweek. Undisputedly, the petitioner has since deposited the said amount. (3) Today the learned counsel for the respondent, on instructions from the complainant, has opted to settle the dispute with the petitioner if the amount deposit in this Court is released to the complainant. The petitioner, who is present in person, has no objection to it. He, however, states that his total liability was ? 3,30,000/- and he has deposited ^7,000/- in excess. Learned counsel for respondent No.2/complainant fairly admits it and offers to return ? 7,000/- to the petitioner within two weeks. (4) Since the dispute has been settled/compounded with the free consent ofthe complainant, the revision petitions stand disposed of as settled/compounded. The petitioner isacquitted. (5) The amount of? 3,37,000/- lying with the Registrar General of this Court along with accrued interest (if any) shall be released to the complainant/respondent No.2. ^,000/- shall be returned to the petitioner by the complainant within two weeks against receipt. (6) Since the petitioner has already remained in custody for 45 days and has deposited the amount at the time of seeking suspension of sentence, inthe interest ofjustice costs required to bepaid by him for Crl.Rev.P.No.197/14 andconnected matters Page 3of[4] settlement at the time of revision petition arewaived. (7) The revision petitions stand disposed of in the above terms. Trial Court record (if any) along with the copy of this order be sent back forthwith.

J. AUGUST 05, 2015 sa Crl.Rev.P.No.197/14 and connected matters Page 4 of[4]