Full Text
CRL.M.C. 2131/2011
JUDGMENT
1 CHAND KUMAR JAIN Petitioner i Through: Mr.Sanjeev Sachdeva, Sr Adv with; Mr.Preet Pal Singh, Ms.Priyam Mehta & Mr.Abhumanyou Chopra,Advs versus MOHDYUSUF Respondent Through: Mr.S.D. Ansari, Adv CORAM: HON'BLE MR.
JUSTICE SURESH KAIT % ORDER 23.08.2011
1. Learned counsel for parties have joined their hands and come to a settlement and stated that the amount of f 9.40 lacs has already been deposited on different dates with the Registrar General of this Court.
2. Mr.Sanjeev Sachdeva, learned Senior counsel for petitioner has offered an amount of T60,000/- to the respondent to be paid by 31.08.2011; just to give the quiets to this matter. Learned counsel for respondent has accepted the same.
3. Learned Senior counsel further submits that the brother of the petitioner lodged the FIR No.107/2002 against the respondent/ accused in police station Chandni Mahal, Delhi, informing the them about the threat received from the respondent and also informed that the respondent alongwith his CRL.M.C. 2131/2011 2011:DHC:10764 H accomplices forcibly took the cheques bearing Nos.268387 to 268381 drawn on Oriential Bank of Commerce.
4. Learned Senior counsel submits that the present settlement should not come in way of defences, rights and contentions of the petitioner in the other proceedings.
5. Since the matter has already been settled between the parties, Criminal M.C. No.2131/2011 is allowed and the proceedings pending before the Trial Court alongwith the said complaint case are hereby quashed.
6. In the instant case, the time of the Courts has been consumed, therefore, I deem fit to impose costs of f 10,000/- to be deposited by petitioner in favour of Delhi Police Welfare Society within a week from today and proof thereof shall be placed on the record.
8. Learned counsel for respondent submits that the aforesaid amount of ? 9.40 lacs is lying with the Registrar General of this Court in the form of FDRs. The same may be released in favour of the respondent.
9. Since, the matter has been settled, therefore, the Registrar General of this Court is directed to release the said amount/ FDRs, as and when so demanded.
SURESH KAIT, J AUGUST 23, 2011 Mi