Final Order 2

Order Details: COPY OF ORDER
Pdf Text: CA No. 272/2024
M/s KAMLESH STATIONERS Vs.
GAURAV KANSAL
22.01.2025
Presence: Appellant in person with Ld. Counsel Sh. Naveen
Singla.
Respondent in person with Ld. Proxy Counsel Sh.
Bhavya Saxena.
It is jointly submitted that the settlement has been
arrived at between the parties. For which, an application for
compounding the present case, alongwith Memo of
Understanding signed by the parties, has been filed today. Taken
on record. As per the MoU filed today, the appellant/ convict is to
pay Rs.10 lakhs to the respondent/complainant as full and final
settlement in two installments of Rs.7 lakhs and Rs.3 lakhs
respectively.
At this stage, it is jointly submitted that the first
installment of Rs.3 lakh has already been paid by way of a
cheque. Copy of the cheque is also placed on record.
With regard to the second installment of Rs.7 lakhs,
a demand draft bearing no. 791982 dated 18.01.2025 in sum of
Rs.7,00,000/- drawn on State Bank of India is handed over to the
respondent today in the court, which is duly received. Separate
receiving is also taken. Further, as per Clause 5 of the MoU, it is
mentioned that on receiving of this Rs.7 lakhs, let present appeal
shall be compounded.
It is well settled principle of law that offence u/s 138
NI Act can be compounded at any stage and the effect of it would
be the acquittal of the accused. It was so held in
Damodar S
Prabhu Vs. Sayed Babalal H 2010 (2) SCC (Cri) 1328 and Vinay
Devanna Nayak Vs. Ryot Seva Sahkari Bank Ltd. AIR 2008 SC 716.
Contd……./-
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Considering the overall facts and circumstances that
parties have arrived at the compromise, the order of conviction
and sentence passed by the court of Ld. JMFC (NI Act) Digital
Court-1, Patiala House Courts, New Delhi, is set aside and
appellant M/s Kamlesh Stationers through its Director Sh. Tarun
Kumar Sainin stands acquitted of the charges punishable u/s 138
NI Act.
The bail bond and surety bond stands cancelled and
surety stands discharged. The FDRs, if any, on record be returned
to the rightful owner against acknowledgment.
A copy of the order be given
dasti. One copy of this
order be sent to the Ld. Trial Court for their information.
The present appeal is settled as compromised.
File be consigned to record room after due
compliance.
(Aparna Swami)
ASJ-07/PHC/New Delhi
22.01.2025
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