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Delhi High Court · 22 Dec 2010 · 2010:DHC:9893
A. K. Pathak
Crl. Rev. P. 101/2010; Crl. Rev. P. 103/2010
2010:DHC:9893
criminal appeal_allowed

AI Summary

The court allowed the criminal revision petitions, compounded the offence under Section 138 of the Negotiable Instruments Act, 1881 upon settlement between parties, and acquitted the petitioner.

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%22.12.2010
Present: Mr. Hemant Malhotra, Adv. for the Petitioner.
Mr. Sanjay Aggarwal, Adv. for the respondent.
+ Crl. Rev. P. 101/2010
+ Crl. Rev. P. 103/2010
*
Petitioner had been convicted under Section 138 of the Negotiable
Instruments Act, 1881 (N.I. Act) and sentenced to face simple imprisonment for six months and fine of ~5,000 I-; in default of payment of fine to further undergo simple imprisonment for one month by the Trial
Court in three different complaint cases. Appeals filed by the petitioner against his conviction had been dismissed by the Additional Sessions
Judge, Delhi by the orders which are impugned in these petitions. Third petition bearing Crl. Rev. Petition 10212010 is also pending in this court.
A settlement was arrived at between the parties on 30th April, 2010 in all the three petitions. Petitioner has offered a sum of ~1,75,000/- to the respondent towards all his claims involved in these petitions. This offer was duly accepted by the respondent. A sum of ~1,20,000/- has already been paid by the petitioner to the respondent. ~60,000 1- each is being appropriated towards the claims of the respondent in this case.
Respondent has no objection if the matter is compounded and petitioner is acquitted. Both the parties have prayed that the subject matter involved in these petitions be compounded. In view of the settlement arrived at between the parties, offence under Section 138 of the N.I. Act is
2010:DHC:9893
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C8 permitted to be compounded and petitioner is acquitted. Bail bond and surety bond discharged.
Both the petitions are disposed of in the above terms.
Dasti.
DECEMBER 22,2010 ga
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A.K. PATHAK, J.
2010:DHC:9893
JUDGMENT