Deepak Aggarwal v. Vimal Singh Baid

Delhi High Court · 15 Jul 2015 · 2015:DHC:11248
S.P. Garg
CRL.REV.P. 380/2015 & 381/2015
2015:DHC:11248
criminal appeal_allowed

AI Summary

The Delhi High Court disposed of revision petitions challenging conviction under Section 138 NI Act as settled and compounded, acquitting the petitioner upon payment of settlement amount and costs.

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T
$-46 & 47 HIGH COURT OF DELHI
CRL.REV.P. 380/2015
DEEPAK AGGARWAL Petitioner
Through : Mr.D.K.Sharma, Advocate with Mr.Sarvagya Sharma, Advocate.
VERSUS
VIMAL SINGH BAID Respondent
Through : Mr.Manish Shukla, Advocate for the complainant along with complainant in person.
AND
CRL.REV.P. 381/2015
DEEPAK AGGARWAL Petitioner
Through : Mr.D.K.Sharma, Advocate with Mr.Sarvagya Sharma, Advocate.
VERSUS
VIMAL SINGH BAID Respondent
Through : Mr.Manish Shukla, Advocate for the complainant along with complainant
_ in person.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
15.07.2015 CRL.M.A.Nos.9967/2015 & 9968/2015 Learned counsel for the complainant has no objection to allow the applications as the matter has been settled with the petitioner and settled amount of? 15 lacs has been received by the complainant by
CRL.REV.P. 380/2015 & 381/2015 page 1 of3
2015:DHC:11248 way of draft given in the Court today.
In view of this, the files are taken up today and the applications stand disposed of
CRL.REV.P. 380/2015 & 381/2015
ORDER

1. Present revision petitions have been preferred by the petitioner to challenge the legality and correctness of order dated 30.06.2015 of learned Addl. Sessions Judge in Crl.A.Nos.4/2015 & 3/2015 titled 'Deepak Aggarwal vs. Vimal Singh Baid\ whereby judgment dated 24.11.2014 & 25.11.2014 and order on sentence dated 22.12.2014 passed by learned Metropolitan Magistrate in CC Nos.2359/1 & 2360/1 titled ' Vimal Singh Baid vs. Deepak AggarwaV were upheld.

2. The petitioner was convicted under Section 138 Negotiable Instruments Act and was sentenced to undergo SI for four months and to pay total compensation of? 6,16,000/- along with interest @ 9% per annum. After dismissal of the appeal by an order dated 30.06.2015, the petitioner is in custody.

3. During the course of instant revision petitions, both the petitions were settled with the complainant. Pursuant to the settlement, demand draft of ? 15 lacs has been given to the complainant in full and final satisfaction ofall the claims in the Court. Complainant and his counsel have no objection to dispose of the. revision petitions as settled / compounded.

4. Since the matter has been settled / compounded by the complainant with his free consent without any fear or pressure and the settled amount has been received by him, revision petitions stand CRL.REVP. 380/2015 & 381/2015 page 2 of[3] V disposed of as settled / compounded. The petitioner is acquitted. He shall be released forthwith if not required to be detained in any other case. Intimation be sent to the Superintendent Jail alongwith the copy of the order. Copy of the orderbe sentto the Trial Court.

5. Since the matter has been settled by the petitioner at the revisional stage and he has remained in custody for about fourteen days, in the interest of justice, he is directed to deposit only costs ?50,000/- within a week in the Trial Court.

6. Revision petitions stand disposed of accordingly.

7. Pending applications also stand disposedof

8. The date already fixed in the matter i.e. 23'^^ July, 2015 stands cancelled.

9. Order 'dasti.' SdP.GARG, J JULY 15, 2015 / tr CRL.REV.P. 380/2015 & 381/2015 page 3 of[3]