CRL.M.C./2844/2017 of SUMIT NANDA Vs STATE OF NCT OF DELHI & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 2844/2017 & Crl. M.A. nos. 11776-77/2017SUMIT NANDA..... PetitionerThrough:Mr. Sourabh Soni, Adv.SUMIT NANDA..... PetitionerThrough:Mr. Sourabh Soni, Adv.

versus

STATE OF NCT OF DELHI & ANR...... RespondentsThrough:Ms. Meenakshi Chauhan, APP withSI Pawan Kumar, P.S. Kalkaji for theStateThrough:Ms. Meenakshi Chauhan, APP withSI Pawan Kumar, P.S. Kalkaji for theState

Mr. J.K. Hoon, Ms. Tulika Bhatnagarand Mr. Daman Popli, Advs. withrespondent no. 2 in person.

CORAM:HON'BLE MR. JUSTICE A.K. PATHAK

O R R%25.07.2017

By this petition under Section 482 Cr.P.C., petitioner has assailed theorder dated 21[st]July, 2017 passed by the learned Additional Sessions Judge,whereby bail granted to the petitioner by the learned MetropolitanMagistrate vide order dated 15[th]February, 2017 in the FIR No. 692/2016under Sections 420/406/120B IPC registered at Police Station Kalkaji hasbeen cancelled.

I have perused the impugned order and find that bail has rightly beencancelled since petitioner did not fulfil the terms of settlement on the

grounds of which the bail was granted. Bail was not granted to petitioner onmerits. It was granted purely on the ground of settlement arrived at betweenthe petitioner and the complainant.Petitioner did not fulfil the terms ofcompromise. Learned Additional Sessions Judge has noted that petitionerhad obtained the bail by practising deception/fraud. He has further notedthat the order dated 15[th]February, 2017 of the learned MetropolitanMagistrate was based on the amicable settlement arrived at between theparties.It was recorded by the Metropolitan Magistrate in the order thatmother of the petitioner had issued five cheques on his behalf and the samewere to be encashed in coming five months, inasmuch as, an undertakingwas given by the mother of the petitioner that cheques would be honouredon presentation and complainant would receive payment of the settledamount of `50,00,000/-. Additional Sessions Judge has noted that instead ofhonouring the cheques, mother of the petitioner issued legal notice dated14[th]March, 2017 that the charges and the undertaking dated 14[th]February,2017 given in Court shall be treated as cancelled.

I am satisfied that petitioner had entered into the settlement only inorder to get the bail.Since petitioner obtained bail on the pretext ofsettlement to pay the agreed amount to the complainant, learned Additional

Sessions Judge has rightly cancelled the bail for non-fulfilment of the offer

made by the petitioner through his mother at the time of grant of bail.

Accordingly, petition is dismissed.Miscellaneous applications aredisposed of as infructuous.

JULY 25, 2017rb

A.K. PATHAK, J.