High CourtsSingle Bench

Gurpreet Singh vs State & Anr

Delhi High Court · Decided on 21 February 2018 · Citation: (2018) 02 DEL CK 0529

HON’BLE JUDGES
S.P.Garg, J
ACTS & SECTIONS REFERRED
Negotiable Instruments Act, 1881 — Section 138
RESULT
Disposed Of
CASE NUMBER
Criminal Revision Petition No. 109 Of 2018, Criminal Miscellaneous Bail No. 237 Of 2018
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Judgment

19 paragraphs · 317 words

S.P.Garg, J

1.

Present revision petition has been preferred by the petitioner â€" Gurpreet Singh to challenge the legality and correctness of an order dated

02.02.2018 of learned Addl. Sessions Judge in Criminal Appeal No.208/2017 whereby the petitioner’s conviction under Section 138 Negotiable

Instruments Act recorded by the learned Metropolitan Magistrate was upheld. The learned Metropolitan Magistrate had sentenced the petitioner to

undergo imprisonment for three months with compensation Rs. 2 lacs.

2.

During the course of arguments, the matter was settled / compounded by the parties.

3.

It is agreed that the complainant has already received Rs. 3 lacs in civil proceedings instituted against the petitioner qua the cheque in question. It is

further informed that a demand draft for a sum of Rs. 2 lacs is lying with the Trial Court. Learned counsel for the petitioner has no objection if the

said amount of Rs. 2 lacs is given to the complainant.

4.

Nominal roll dated 17.02.2018 reveals that the petitioner is in custody for the last around 14 days as on 16.02.2018.

5.

It is further agreed that the demand draft lying before the Trial Court shall be taken back by the petitioner and a fresh demand draft shall be issued

in the name of the complainant and handed over to her within two weeks.

6.

Since the matter has been settled between the parties amicably without any fear or pressure, the revision petition stands disposed of as such in the

above terms and the petitioner is acquitted of the charge.

7.

Since the revision petition has been settled / compromised at revisional stage, the petitioner is burdened with costs Rs. 30,000/- to be deposited

within two weeks before the Trial Court.

8.

Pending bail application also stands disposed of.

9.

Superintendent jail be informed and the petitioner be released forthwith if not required to be detained in any other case.

10.

Order ‘dasti.’