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Judgment
Crl.M.A.47988/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.REV.P.1022/2018 & CRL.M.B.1817/2018
Issue notice. Notice is accepted by learned APP for the State and Mr. Sita Ram Khandelwal, Authorised representative.
Petitioner impugns judgment dated 01.11.2018, whereby, the Appellate Court has rejected the appeal of the petitioner impugning order on conviction
dated 06.08.2018 and order on sentence dated 30.08.2018 whereby petitioner has been held guilty of an offence under Section 138 of the Negotiable
Instruments Act. Subject cheque is of Rs.1,17,000/-.
Petitioner was sentenced to undergo SI for a period of 3 months and to pay fine of Rs.1,52,000/-. Trial Court noticed that Rs.17,000/-has already
been paid. In default of payment of compensation, petitioner has to further undergo 30 days of imprisonment.
Learned counsel for the petitioner as well as the authorised representative, Mr.Sita Ram Khandelwal submit that parties have settled their disputes
and petitioner has agreed to pay a total sum of Rs.1,00,000/- in full and final settlement of all the claims of the respondent/complainant. A sum of
Rs.50,000/- has already been paid today to Mr.Sita Ram Khandelwal. Balance amount of Rs.50,000/- is to be paid within a period of six months. The
authorised representative submits that he has no objection to the compounding of the subject offence on receipt of the settlement amount.
Parties are directed to file an affidavit along with the Settlement terms.
Petitioner shall also deposit costs equivalent to 15% of the cheque amount with Delhi State Legal Services Authority in terms of the judgment of the
Supreme Court in Damodar S. Prabhu vs. Sayyad Babulal: (2010) 5 SCC 663.
Keeping in view the settlement, on petitioner furnishing a bail bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of
the Trial Court, remaining sentence of the petitioner shall remain suspended till the next date of hearing.
List on 01.05.2019.
Order Dasti under the signatures of the Court Master.