T M Sampath v. State & Anr

Delhi High Court · 27 Jul 2015 · 2015:DHC:11238
S. P. Garg
Crl.Rev.P. 351/2014 & Crl.Rev.P. 352/2014
2015:DHC:11238
criminal appeal_allowed

AI Summary

The Delhi High Court acquitted the petitioner and disposed of revision petitions under Section 138 of the Negotiable Instruments Act as compounded following an amicable settlement between the parties.

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HIGH COURT OF DELHI
CRL.REV.P. 351/2014 & Crl.M.A.9572/2014
TMSAMPATH
Petitioner
Through : Mr.Tushar Singh, proxy counsel with
Petitioner present in person.
VERSUS
STATE & ANR Respondents
Through : Mr.Navin K.Jha, APP.
Respondent No.2 present in person.
CRL.REV.P. 352/2014 & Crl.M.A.9575/2014
T M SAMPATH
Petitioner
Through : Mr.Tushar Singh, proxy counsel with
Petitioner present in person.
VERSUS
STATE & ANR Respondent
Through : Mr.Navin K.Jha, APP.
Respondent No.2 present in person.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG Crl.Rev.P.Nos.351-52/2014 Page 1 of3
2015:DHC:11238
27.07.2015
ORDER

(1) Revision Petition (Crl.) No.351/2014 has been preferred by the petitioner to challenge the correctness and legality of an order dated 24.05.2014 of learned Additional Sessions Judge in Crl.A.No.72/13 by which the judgment dated 31.07.2013 of learned Metropolitan Magistrate under Section 138 Negotiable Instruments Act in complaint No.4102/1/11 was confirmed. The petitioner was sentenced to undergo SI for six months with fine ?60,000/-. (2) Another Revision Petition (Crl.) No.352/2014 (between the parties) has also been filed whereby the petitioner was awarded SI for six months with fine of ^1,35,000/-. Both these revision petifions are contested by respondent No.2/complainant. (3) During the proceedings, respondent No.2 put appearance with counsel. The matter was settled/compounded. It is informed that the entire payment i.e. ^1,35,000, as settled, has since been paid by the petitioner to respondentNo.2/complainant. (4) Both the parties have appeared in person today and I have inquired from complainant/respondent No.2 if he has settled the dispute with the petitioner amicably without any fear or pressure. He has informed that both the revision petitions have been settled/compounded and he has received the agreed amount. He has no objection if both these revision petitions are disposed of as compounded/settled. Crl.Rev.P.Nos.351-52/2014 Page 2 of[3] (5) Since the revision petitions have been settled amicably by the complainant/respondent No.2 with the petitioner and the settled amount has been received by him, the petitions stand disposed of as compounded/settled. The petitioner is acquitted. (6) Since the revision petitions have been settled at revisional stage, considering the facts and circumstances of the case and the poor economic condition of the petitioner who is going to retire on 31.07.2015, he is directed to deposit ^15,000/- as costs within two weeks before the Trial Court. (7) The revision petitions and all pending applications stand disposed of Copy of the order be sent to the Trial Court forthwith. js:rgarg, j. JULY 27, 2015 sa Crl.Rev.P.Nos.351-52/2014 Page 3 of[3]