Full Text
Translation output
HIGH COURT OF DELHI
CRL. Rev. P. 225/2011 & Crl. M.B.814/2011 & Crl. M.A. 6431/2011
NIKUNJA PRASAD Petitioner
Through: Mr.M.R. Chanchal, Advocate
CRL. Rev. P. 225/2011 & Crl. M.B.814/2011 & Crl. M.A. 6431/2011
NIKUNJA PRASAD Petitioner
Through: Mr.M.R. Chanchal, Advocate
VERSUS
NAVEEN KUMAR JAIN & ANR. Respondent
Through: Mr. Praveen Jain, Adv. for R-1 along with complainant in person.
Mr. Manoj Ohri, APP for the State.
Through: Mr. Praveen Jain, Adv. for R-1 along with complainant in person.
Mr. Manoj Ohri, APP for the State.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER o/o 07.07.2011 By this revision petition, the Petitioner challenges the order dated 24""
January, 2011 of the learned Metropolitan Magistrate whereby he was convicted for offence under Section 138 of Negotiable Instruments Act and sentenced to Simple Imprisonment for a period of six months and to pay a compensation ofRs. 75,000/- to the Complainant/Respondent No.l failing which he was liable to further undergo simple imprisonment for three months and also the order of the learned Addl. Sessions Judge dated 2 May, 2011 dismissing his appeal.
The Petitioner is in custody. During the pendency of the petition, the parties have amicably settled their disputes and the Complainant/Respondent
No.l who is present in person and is duly identified by his counsel states that in terms of the settlement he has received back the money and he does not
2011:DHC:19809 want to pursue the abovementioned complaint against the Petitioner. He further prays that the conviction be set aside and the Petitioner be released.
A photocopy of the compromise deed along v/ith its translation has been placed on recordas Annexure 'A' to the Crl.
M.A. No. 6431/2011.
In view of the fact that the parties have amicably settled their matter of their own free will, without any coercion and the dispute between them was essentially civil in nature, it would be in the interest of justice to set aside the conviction and sentence of the Petitioner. There is no legal impediment inquashing theabove orders inview ofthe settlement.
Accordingly, the orders dated 24*^'^ Januar>', 2011 and 29"^ January, 2011 of the learned Metropolitan Magistrate and the order of the learned
Addl. Sessions Judge dated 2"^^ May, 2011 are hereby set aside.
The Complainant/Respondent No. 1 has signed this order sheet in aclaiowledgmentof his statement made before this Court.
Superintendent, Tihar Jail is directed to release the Petitioner forthwith ifnot required in any other case.
Revision Petition and pending applications are disposed of. Order
Dasti.
MUKTA GUPTA, J.
JULY 07, 2011 2011:DHC:19809
ORDER o/o 07.07.2011 By this revision petition, the Petitioner challenges the order dated 24""
January, 2011 of the learned Metropolitan Magistrate whereby he was convicted for offence under Section 138 of Negotiable Instruments Act and sentenced to Simple Imprisonment for a period of six months and to pay a compensation ofRs. 75,000/- to the Complainant/Respondent No.l failing which he was liable to further undergo simple imprisonment for three months and also the order of the learned Addl. Sessions Judge dated 2 May, 2011 dismissing his appeal.
The Petitioner is in custody. During the pendency of the petition, the parties have amicably settled their disputes and the Complainant/Respondent
No.l who is present in person and is duly identified by his counsel states that in terms of the settlement he has received back the money and he does not
2011:DHC:19809 want to pursue the abovementioned complaint against the Petitioner. He further prays that the conviction be set aside and the Petitioner be released.
A photocopy of the compromise deed along v/ith its translation has been placed on recordas Annexure 'A' to the Crl.
M.A. No. 6431/2011.
In view of the fact that the parties have amicably settled their matter of their own free will, without any coercion and the dispute between them was essentially civil in nature, it would be in the interest of justice to set aside the conviction and sentence of the Petitioner. There is no legal impediment inquashing theabove orders inview ofthe settlement.
Accordingly, the orders dated 24*^'^ Januar>', 2011 and 29"^ January, 2011 of the learned Metropolitan Magistrate and the order of the learned
Addl. Sessions Judge dated 2"^^ May, 2011 are hereby set aside.
The Complainant/Respondent No. 1 has signed this order sheet in aclaiowledgmentof his statement made before this Court.
Superintendent, Tihar Jail is directed to release the Petitioner forthwith ifnot required in any other case.
Revision Petition and pending applications are disposed of. Order
Dasti.
MUKTA GUPTA, J.
JULY 07, 2011 2011:DHC:19809
JUDGMENT