Mahavir Lamba v. State & Anr

Delhi High Court · 21 Sep 2016 · 2016:DHC:9231
A. K. Pathak
CRL.REV.P. 320/2016
2016:DHC:9231
criminal appeal_allowed

AI Summary

Delhi High Court allowed revision petitions and acquitted the petitioner by compounding the offence under Section 138 of the Negotiable Instruments Act following a settlement between the parties.

Full Text
Translation output
/ /( $-23 & 24 HIGH COURT OF DELHI
CRL.REV.P. 320/2016
MAHAVIR LAMBA Petitioner
Through : Mr. Deepender Hooda and Ms. Jyoti, Advs. with petitioner in person.
VERSUS
STATE & ANR Respondents
Through : Mr. M. P. Singh, APP for R-1.
Mr. Rohit Kumar Yadav, Mr. Ankit Siffal and Mr. Sparsh Jain, Advs. for
R-2 with R-2 in person.
AND
CRL.REV.P. 328/2016
MAHAVIR LAMBA (IN JC) Petitioner
Through : Mr. Deepender Hooda and Ms. Jyoti, Advs. with petitioner in person.
VERSUS
STATE GOVT OF NCT OF DELHI & ORS Respondents
Through : Mr. M. P. Singh, APP for R-1.
Mr. Rohit Kumar Yadav, Mr. Ankit Siffal and Mr. Sparsh Jain, Advs. for
R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
21.09.2016 Petitioner (convict) and respondent no.2 (complainant) have settled the matter on 23*^^ August, 2016 on the terms and conditions as recorded in the order dated 23'^'^ August, 2016. Interms ofthe settlement, petitioner has paid ^4,50,000/- to the respondent no.2 by way of two demand drafts, 2016:DHC:9231
'0 photocopies whereof have been placed on record. ?2,50,000/-, lying deposited in this Court, be also released to the respondent no.2 along with interest accrued thereon. Respondent no.2 is present in Court and states that matter may be compounded in view ofthe compromise entered into between her and petitioner. f Accordingly, in view of the compromise arrived at between the parties, offence under Section 138 of the Negotiable Instruments Act is permitted to be compounded. Petitioner is acquitted. Personal bond ofthe petitioner stands cancelled and surety bond stands discharged. Respondent no.2 undertakes to withdraw the civil suit titled as Promila Gulia Vs.
Mahavir Lamba, pending in the Patiala House Court within one week. Mr. Jitender Lamba, son of Mr. Mahavir Lamba, petitioner is present in Court y and he also undertakes to withdraw the civil suit titled as Jitender Lamba
Vs. Promila Lamba, pending in the Patiala House Court within one week.
Mr. Jitender Lamba and respondent no.2 shall remain bound by their respective statements/undertakings given in the Court today.
Both the revision petitions are disposed of inthe above terms.
Dasti.
A.K.^THAK, J.
SEPTEMBER 21, 2016 2016:DHC:9231
JUDGMENT