Full Text
CRLREV.P. 361/2011
DHARMENDER PAL Petitioner Througli : i^^r. S.S. Chuahan, Adv.
Through : |Vls. Ritu Gauba, APP for State, jvir. Bharat Gupta, Adv. for R-2.
16.08.2011
ORDER
1. Learned counsel for respondent No.2 has marked his appearance and submits that he may be supplied with a copy of the paper book.
2. Learned counsel for the petitioner has supplied a copy of the paper book to the learned counsel for the respondent today in the court itself.
3. Vide Judgment dated 19.01.2011, the petitioner was held guilty under Section 138 Nl Act and vide order dated 10.02.2011, the learned MM in CC No. 4139/10, convicted the appellant for offence under Section 138 Nl Act and sentenced him to undergo Simple Imprisonment for 6 months and to pay compensation of amount Rs.83,000/- to the complainant within 2011:DHC:1986[8] one month.
4. The appellant challenged the order of conviction passed by learned MM in the Sessions Court, Tis Hazari Courts, Delhi. The learned Additional Sessions Judge, upheld the judgment dated 19.01.2011 and order on sentence dated 10.02.2011, vide order dated 26.07.2011.
5. During the arguments, it is submitted by learned counsel for the petitioner that a total amount of Rs.50,000/- was advanced by the respondent to the petitioner in the year 2007. It is further submitted by learned counsel for the petitioner that Rs.20,000/- was paid by the petitioner in lieu of part discharge of compromise and Rs.7,000/- was paid by the petitioner before the case was filed as EMI.
6. It is further submitted by the counsel for the petitioner that the petitioner is a poor person and works as a Newspaper Vendor. He is in custody for the last 20 days i.e. since 26.07.2011 as was unable to pay the complete loan amount.
7. At this stage, learned counsel for the petitioner, on instructions has offered to pay Rs.63,000/- to respondent No. 2 to settle his disputes with the petitioner.
8. Mr. Sanjay Chaudhary, Director of the petitioner company, who is personally present in the court today, on instructions submits that the amount is acceptable to the company.
9. The amount of Rs.63,000/- is handed over to Mr. Sanjay Chaudhary, he counts the same and accepts the same without protest. He submits that in view of the amount of Rs.63,000/being received by him today, all the disputes between; the parties stand satisfied and he does not want to pursue tine matter further.
10. Learned counsel for the respondent submits that the offence under Section 138 Nl Act is compoundable under Section 147 Nl Act and therefore, the matter be treated as settled.
11. In view of the statement of the parties, and in view of the settlement arrived at between the parties today in the court, the order and judgment dated 19.01.2011 and 10.02.2011passed by the learned MM and the order dated 26.07.2011 passed by learned Additional Sessions Judge are redundant.
12. I, therefore, direct the concerned Jail Authority to release the petitioner forthwith if not required in any other case. The copy of the order be sent to the concerned Jail Authority for compliance.
13. Criminal Revision Petition 361/2011 is disposed of as infructuous, as matter being settled.
AUGUST 16, 2011 j SURESH KAIT, J