T.N. Dubey v. The State (NCT of Delhi) & Anr

(1) Present revision petitions have been filed by the petitioner to challenge the legality and correctness of an order dated 29.10.2014 of learned Additional Sessions Judge by which appeal filed against the CRL.REVP.Nos. 789/14 & 790/14 Page 1 of[3] 2015:DHC:11237 order dated 05.09.2014 of learned Metropolitan Magistrate under Section 138 Negotiable Instruments Act was dismissed in Crl.A.No.46/14. By an order dated 05.09.2014, in CC No.25/J/09 under Section 138 Negotiable Instruments Act, the petitioner was held guilty and was sentenced to undergo SI for twelve months with fine ^4,24,000/-. Default sentence for non-payment offine was SI for four months. In CC No. 24/J/09 the petitioner was sentenced to undergo SI for twelve months with fine ^5,05,780/-. Vide Crl.A.No.45/2014, the appeal against the said order was dismissed. The petitioner was taken into custody. (2) Nominal roll dated 18.05.15 reveals that the petitioner is in custody for the last about six months and twelve days besides remission for twenty five days as on 18.05.2015. (3) During the course of arguments, both the petitioner and respondent No.2/complainant agreed to settle/compound the offence. It was agreed that the petitioner shall pay a sum of ?1,10,000/- to the complainant within a week in full and final satisfaction of the claims. Respondent No.2 present along with his counsel has no objection to dispose of the revision petitions as settled/compounded. (4) Since the offence under Section 138 Negotiable Instruments Act in both the petitions have been settled/compounded by the complainant with his free consent on payment of ?1,10,000/- as full and final settlement of his claim, the revision petitions stand disposed of as settled/compounded. The petitioner is acquitted. The petitioner shall pay ?1,10,000/- within a week to the complainant in compliance CRL.REV.P.Nos. 789/14 & 790/14 Page 2 of[3] r of the above order. In case of non-compliance, the respondent No.2/complainant would be at liberty to approach this Court. The accused who is in custody shall be released forthwith, ifnot required to be detained in any other case. (5) Since the petitioner is in custody for more than six months, no costs for compounding the offence are being imposed. (6) Revision petitions stand disposed of in the above terms. All pending application(s) also stand disposed. Trial Court record (ifany) along with a copy ofthis order be sent back forthwith. Acopy ofthe order be sent to Jail Superintendent, TiharJail for intimation. MAY 28, 2015 sa CRL.REVP.Nos. 789/14 & 790/14 Page 2 of[3]