CRL.REV.P./411/2018 of BADAN SINGH Vs THE STATE ( NCT OF DELHI) & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.REV.P. 411/2018BADAN SINGH

.... Petitioner

ThroughMr. Meet Malhotra, Sr. Adv withMr. Ashish Upadhyay, Adv

versus

THE STATE ( NCT OF DELHI) & ANR

..... Respondents

ThroughMr. M S Oberoi, APPMr. Alok Jain, AR of R-2

CORAM:HON'BLE MR. JUSTICE A.K. PATHAKO R R%16.05.2018

Notice. Learned APP accepts notice on behalf of respondent

Mr. Alok Jain, AR of respondent no.2 M/s Rohini CapitalServices Ltd. is present in the Court and accepts notice.It issubmitted that matter stands settled between petitioner and respondentno.2 in terms of Memorandum of Settlement dated 18[th]February,2018 in as much as out of total settled amount of `8.25 lacs, petitionerhas already paid `5.25 lacs to respondent no.2 and balance `3lacs islying deposited with the trial court.

AR of respondent no.2 admits factum of settlement arrived atwith the petitioner and also the receipt of part settled amount to thetune of `5.25 lacs from the petitioner. He identifies his signatures atpoint ‘X’ on Memorandum of Settlement. He further states that

subject to release of balance settled amount of `3 lacs in favour ofrespondent no.2, respondent no.2 has no objection if offence undersection 138 of Negotiable Instrument Act, 1881 is permitted to becompounded.

Keeping in view the settlement arrived at between the petitionerand respondent no. 2 voluntarily, offence under section 138 ofNegotiable Instrument Act, 1881 is compounded, petitioner isacquitted with directions to the trial court to release balance settledamount of `3 lacs in favour of respondent no.2, forthwith, along withinterest accrued thereon, if any.

Petition is disposed of in the above terms. Dasti.

MAY 16, 2018sm

A.K. PATHAK, J