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Judgment
7 paragraphs · 381 wordsSanjay Kumar Dwivedi, J
Learned counsel appearing for the petitioner submits that the matter is arising out of Section 138 of Negotiable Instruments Act and the leaned trial court has been pleased to convict the petitioner to undergo R.I for one year and further direction has been issued to pay compensation of Rs.9,90,000/- by the judgment dated 17.05.2024. He further submits that the said order has also been affirmed by the learned appellate court in Criminal Appeal No.4 of 2023. He then submits that on seeing the nature of the present case, the matter was sent for mediation before the Secretary, District Legal Service Authority (DLSA), Jamshedpur and pursuant to that the mediation has been conducted and both the parties have settled the dispute. He next submits that Rs.2,50,000/- has already been deposited before the learned Registrar General which has been withdrawn by the complainant. He further submits that the petitioner has come forward with Bank Draft of Rs.1,25,000/- and he is ready to hand over the same to the learned counsel appearing on behalf of the complainant. He then submits that by 10.12.2025 the rest of the amount is required to be paid by the petitioner in terms of the settlement. He next submits that, however, the petitioner has undergone heart surgery and in view of that, one month’s further time may kindly be extended from 10.12.2025 to pay the amount.
learned counsel appearing on behalf of the complainant/ O.P.No.2 submits that only Rs.2,50,000/- has been received by the complainant which was deposited in the Office of the learned Registrar General.
In the Court proceeding, the learned counsel for the petitioner has handed over the Bank Draft of Rs.1,25,000/- to the learned counsel appearing on behalf of the complainant/O.P.No.2 and the learned counsel for the complainant will hand over the same to the complainant forthwith.
In view of the above and considering that settlement has reached and the petitioner is intent to return the amount in terms of the settlement, the prayer made in the I.A. No.5679 of 2024 for exemption, is hereby, allowed, and the instant I.A stands disposed of.
In view of above, the rest of the amount shall be paid by the petitioner by 10.01.2026.
Let this matter appear after 10.01.2026.