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Crl. M.C.No.2041/2015 Page 1 I- 46 HIGH COURT OF DELHI
Date of Decision: May 15, 2015
Date of Decision: May 15, 2015
CRL.M.C. 2041/2015 & Crl.
M.A.No.7273/2015
MOHIT WADHWA @ MOHIT KUMAR WADHWA..... Petitioner
Through: Mr. Sudhir Nandrajog, Senior Advocate with Mr. H. Sharma, Advocate
M.A.No.7273/2015
MOHIT WADHWA @ MOHIT KUMAR WADHWA..... Petitioner
Through: Mr. Sudhir Nandrajog, Senior Advocate with Mr. H. Sharma, Advocate
VERSUS
THE STATE GOVT OF NCT OF DELHI ..... Respondent
Through: Mr. Vinod Diwakar, Additional Public Prosecutor for respondent-
State with SI Rajnish Mr. Sanjay Khanna, Advocate with complainant in person
Through: Mr. Vinod Diwakar, Additional Public Prosecutor for respondent-
State with SI Rajnish Mr. Sanjay Khanna, Advocate with complainant in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
(ORAL)
In proceedings under Section 138 of the Negotiable Instruments
Act, vide impugned order of 9th January, 2015, petitioner has been declared proclaimed offender.
Notice.
Mr. Vinod Diwakar, learned Additional Public Prosecutor for respondent-State and Mr. Sanjay Khanna, Advocate for respondent No.2 accept notice of this petition.
Learned senior counsel for petitioner submits that petitioner could
2015:DHC:4367 Crl. M.C.No.2041/2015 Page 2 not appear before the trial court because he was running here and there for arranging installment amount but could not do so as per schedule in the Settlement-Agreement of 13th January, 2014. It is submitted that to show his bona fides, petitioner has handed over a demand draft bearing
No.’420449’, dated 12th May, 2015, drawn on RBL Bank, amounting to `10,00,000/- to the complainant, who has accepted it.
Mr. Sanjay Khanna, Advocate, appearing on behalf of complainant affirms the factum of complainant accepting the aforesaid amount of
`10,00,000/- from petitioner and submits that EMIs would remain the same but time schedule would be drawn afresh.
Learned senior counsel for petitioner submits that the mutually agreed time schedule to honour the Settlement-Agreement of 13th January, 2014 would be submitted before the trial court on the date fixed i.e. on 30th May, 2015.
Let it be so done.
Upon petitioner appearing before the trial court on the date fixed i.e. on 30th May, 2015 along with mutually agreed fresh time schedule, he be admitted to interim bail till the next date of hearing so that the
Settlement-Agreement of 13th January, 2014 is complied with in letter and spirit.
With aforesaid directions, this petition and application is disposed of.
(SUNIL GAUR)
JUDGE
MAY 15, 2015 r 2015:DHC:4367
In proceedings under Section 138 of the Negotiable Instruments
Act, vide impugned order of 9th January, 2015, petitioner has been declared proclaimed offender.
Notice.
Mr. Vinod Diwakar, learned Additional Public Prosecutor for respondent-State and Mr. Sanjay Khanna, Advocate for respondent No.2 accept notice of this petition.
Learned senior counsel for petitioner submits that petitioner could
2015:DHC:4367 Crl. M.C.No.2041/2015 Page 2 not appear before the trial court because he was running here and there for arranging installment amount but could not do so as per schedule in the Settlement-Agreement of 13th January, 2014. It is submitted that to show his bona fides, petitioner has handed over a demand draft bearing
No.’420449’, dated 12th May, 2015, drawn on RBL Bank, amounting to `10,00,000/- to the complainant, who has accepted it.
Mr. Sanjay Khanna, Advocate, appearing on behalf of complainant affirms the factum of complainant accepting the aforesaid amount of
`10,00,000/- from petitioner and submits that EMIs would remain the same but time schedule would be drawn afresh.
Learned senior counsel for petitioner submits that the mutually agreed time schedule to honour the Settlement-Agreement of 13th January, 2014 would be submitted before the trial court on the date fixed i.e. on 30th May, 2015.
Let it be so done.
Upon petitioner appearing before the trial court on the date fixed i.e. on 30th May, 2015 along with mutually agreed fresh time schedule, he be admitted to interim bail till the next date of hearing so that the
Settlement-Agreement of 13th January, 2014 is complied with in letter and spirit.
With aforesaid directions, this petition and application is disposed of.
(SUNIL GAUR)
JUDGE
MAY 15, 2015 r 2015:DHC:4367