S.K. Gupta v. Prem Singh Dagar

Delhi High Court · 23 Oct 2013 · 2013:DHC:5440
S.P. Garg
Crl.A. 493/2003
2013:DHC:5440
criminal appeal_allowed

AI Summary

The Delhi High Court allowed the appeal and acquitted the appellant after the complainant compounded the offence under Section 138 of the Negotiable Instruments Act by settling the dispute.

Full Text
Translation output
Crl.A. 493/2003 $-R-13 HIGH COURT OF DELHI
Date of Decision: 23rd OCTOBER, 2013
CRL.A. 493/2003
S.K.GUPTA ..... Appellant
Through : Mr.V.K.Sharma, Advocate.
VERSUS
PREM SINGH DAGAR ..... Respondent
Through : Mr.Anil K.Gujral, Advocate with Mr.Vikram Gujral, Advocate.
CORAM:
HON’BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Open Court)
JUDGMENT

1. S.K.Gupta has filed the present appeal to challenge the order dated 21.07.2003 whereby in Criminal Complaint No. 779/2002 under Section 138 Negotiable Instruments Act, he was convicted and sentenced to undergo SI for six months with fine ` 80,000/-. ` 40,000/- were directed to be paid as compensation to the complainant/ respondent No.2. The appeal was contested by respondent No.2. 2013:DHC:5440 Crl.A. 493/2003

2. During the course of proceedings in appeal, the parties resolved to settle their dispute and compound the offence. ` 40,000/- were paid in cash today by the appellant to the complainant and appellant has no objection for the release of ` 72,538/- lying deposited with the

3. The complainant has voluntarily settled the dispute with the appellant and has compounded the offence. In view of this, the appeal preferred by the appellant against the impugned order is allowed as compounded/ settled. The appellant is acquitted. ` 72,538/- lying deposited with the Registrar General of this Court shall be released to the complainant / respondent No.2 with accrued interest (if any).

4. Order dasti.

JUDGE OCTOBER 23, 2013/ tr