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CA - CRIMINAL APPEAL

UMESH MISHRAVsHARISH KUMAR JAWLA

CNR DLNE010030282023423-Additional Sessions Judge
CASE DISPOSED
Uncontested--SETTLED IN MEDIATION
Decision Date: 31st May 2024

TrustJury record updated 19 Oct 2026

Case Overview

Registration Number
95/2023
Registration Date
07 Oct 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1UMESH MISHRA

    Acts & Sections

    1
    Cr. P. C. · Sec 374

    Police / FIR Details

    Police Station
    Bhajan Pura
    FIR Number / Year
    0

    Case History / Proceedings

    Case History
    Date: 07-10-2023
    Business: Adjourned.
    Next Purpose: Misc. cases
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    
    Date: 30-11-2023
    Business: Adjourned.
    Next Purpose: Arguments
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: Misc.
    Next Purpose: Arguments
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: Adjourned.
    Next Purpose: Arguments
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: Adjourned.
    Next Purpose: Misc. cases
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: For payment
    Next Purpose: Misc. cases
    Next Hearing Date: 13-02-2024
    
    Date: 13-02-2024
    Business: Adjourned.
    Next Purpose: Misc. cases
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: Ld PO is on leave today.
    Adjourned.
    Next Purpose: Misc. cases
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: misc.
    Next Purpose: Misc. cases
    Next Hearing Date: 31-05-2024
    
    Date: 31-05-2024
    Business: payment done M. cell settled.
    Nature Of Disposal: SETTLED IN MEDIATION
    Disposal Date: 31-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 1623/2023
    Filing Date: 07-10-2023
    eFiling Number: ECDLNE01008242023
    eFiling Date: 06-10-2023
    First Hearing Date: 07th October 2023
    Decision Date: 31st May 2024
    Court Number And Judge: 423-Additional Sessions Judge

    Orders

    23
    Final Order 12
    31 May 2024
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    UMESH MISHRA Vs. HARISH KUMAR
    JAWLA
    PS Bhajan Pura
    31.05.2024
    Present: Sh. S.M. Dixit, Ld. Counsel for appellant with appellant.
    Sh. Pradeep Kumar, Ld. Counsel for respondent with
    Pooja who is wife of late respondent.
    1. The matter has been settled for amount of Rs. 6,50,000/-.
    The settlement has been acted upon. The total amount has been paid to
    the respondent. Today, last installment of Rs. 1,50,000/- has been paid
    to respondent lady. Accordingly, the matter is disposed of as settled
    before mediation centre. Appellant/convict is acquitted and judgment of
    Ld. Trial court and order on sentence are set aside. Bail bond/surety
    bond/endorsement cancelled.
    2. The original documents be returned to surety against due
    acknowledgment. Now, nothing is due to be paid by the appellant to the
    respondent. This appeal file be consigned to RR. TCR be sent back
    alongwith copy of order passed today for information.
    (Dr. Savitri)
    ASJ-02(NE)/ KKD/Delhi
    31.05.2024
    ‘P’
    Note : Ordersheet cannot be signed digitally as digital signature has expired.
    -- 1 of 1 --
    Interim Order 11
    06 Apr 2024
    Order Details: COPY OF ORDER
    Pdf Text: CA No.95/2023
    Umesh Mishra Vs. Harish Kumarjawla
    PS Bhajan Pura
    06.04.2024
    Present: Sh. S. M. Dixit, Ld. Counsel for appellant with appellant.
    Sh. Pradeep Kumar, ld. Counsel for respondent with Pooja
    who is wife of late respondent.
    1. In terms of settlement, Pooja has received a sum of
    Rs.1,50,000/-from the appellant against due acknowledgement.
    2. Put up for payment on 31.05.2024.
    (Dr. Savitri)
    's' ASJ-02(NE)/ KKD/Delhi
    06.04.2024
    Note : Ordersheet cannot be signed digitally as digital signature has
    expired.
    -- 1 of 1 --
    Interim Order 10
    13 Feb 2024
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs. Harish Kumar Jawla
    PS Bhajan Pura
    13.02.2024
    Present: Appellant with Ld. Counsel.
    Ld. Counsel for respondent.
    Respondent is not available today to receive payment.
    Put up for payment on 14.02.2024.
    (Dr.Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 13.02.2024
    -- 1 of 1 --
    Interim Order 9
    21 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/23
    Umesh Mishra vs. Harish Kumar Jawla
    PS Bhajan Pura
    21.12.2023
    Present: Parties with Ld. Counsels.
    An application has been moved by the respondent
    seeking release of FDR of Rs. 1,50,000/- filed by the appellant on the
    case file. In terms of settlement of the parties this amount of Rs.
    1,50,000/- is to be handed to respondent lady.
    Accordingly, the application is allowed and it is directed
    that this FDR No. 578387 issued by Centra Bank of India, Jyoti
    Nagar, Delhi Branch furnished by appellant Umesh Kumar Mishra and
    his wife Rita Mishra of Rs. 1,50,000/- be given to Smt. Pooja Laxmi
    Tomar. Appellant Umesh Kumar Mishra and his wife Rita Mishra who
    are beneficiaries of the FDR have no objection to the same.
    Accordingly, concerned Bank is directed to release the FDR of Rs.
    1,50,000/- to Pooja Laxmi Tomar.
    Copy of this order be given dasti to Pooja Laxmi Tomar.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    21.12.2023
    -- 1 of 1 --
    Interim Order 8
    21 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs.Harish Kumar Jawla
    PS Bhajan Pura
    21.12.2023
    Present: Both parties with Ld. Counsels.
    1. This file has been received from mediation centre as
    settled. Statements of both parties have been recorded separately.
    They are directed to remain bound by the terms of settlement.
    2. Put up for payment on 13.02.2024.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 21.12.2023
    -- 1 of 1 --
    Interim Order 7
    21 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs.Harish Kumar Jawla
    PS Bhajan Pura
    21.12.2023
    Present: Both parties with Ld. Counsels.
    1. This file has been received from mediation centre as
    settled. Statements of both parties have been recorded separately.
    They are directed to remain bound by the terms of settlement.
    2. Put up for payment on 13.02.2024.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 21.12.2023
    -- 1 of 1 --
    Interim Order 5
    16 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs. Harish Kumar Jawla
    PS Bhajan Pura
    16.12.2023
    Present: Appellant in person with Ld. Counsel.
    Ld. Counsel for the respondent.
    1. Both parties submit that there is bright chance of
    settlement between the parties. They further submit that the present
    dispute may be referred to Mediation Centre, KKD Courts, Delhi.
    2. Accordingly, the present matter be sent to the Mediation
    Centre, KKD Courts for 21.12.2023 at 10.00 am.
    3. Both parties are directed to appear before the mediation
    centre on 21.12.2023 at 10.00 am positively.
    4. The appellant has paid a sum of Rs.50,000/- to the
    respondent. The payment is subject to the settlement.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 16.12.2023
    -- 1 of 1 --
    Interim Order 6
    15 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs.Harish Kumar Jawla
    PS Bhajan Pura
    15.12.2023
    Present: Both parties with respective counsels.
    Arguments have been heard on behalf of respondent
    side.
    Ld. Counsel for appellant submits that he will argue
    tomorrow. Put up for arguments on 16.12.2023 at 12:30PM.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    'P' 15.12.2023
    -- 1 of 1 --
    Interim Order 4
    07 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs. Harish Kumar Jawla
    PS Bhajan Pura
    07.12.2023
    Present: Appellant in person with Ld. Counsel.
    Ld. counsel for respondent.
    1. An affidavit on behalf of Rita Mishra wife of appellant
    has been filed to the effect that she will not withdraw FDR amount of
    Rs.1,50,000/- without permission of the court. The affidavit was
    required as the FDR was prepared in joint names of appellant and his
    wife Rita Mishra.
    2. Ld. Counsel for the appellant seeks some time to address
    arguments on appeal. Allowed.
    3. Put up for arguments on appeal on 15.12.2023.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 07.12.2023
    -- 1 of 1 --
    Interim Order 3
    30 Nov 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs. Harish Kumar Jawla
    PS Bhajan Pura
    30.11.2023
    Present: Appellant with Ld. Counsel.
    Surety Rachit Mishra is present.
    Respondent with Ld. Counsel.
    Bail bond/surety bond verification report has been
    received. Everything is found in order. Accordingly, bail bond/surety
    bond accepted. Original RC of the surety Rachit Mishra has been
    retained. Robkar be issued.
    At joint request, put up for arguments on this appeal on
    07.12.2023 at 2:00PM.
    (Savitri)
    'P' ASJ-02(NE)/ KKD/Delhi
    30.11.2023
    -- 1 of 1 --
    Interim Order 2
    08 Nov 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs.Harish Kumar Jawla
    PS Bhajan Pura
    08.11.2023
    Present: Appellant in person with Ld. Counsel.
    Ld. Counsel for respondent.
    Let personal bond and surety bond be verified through
    SHO concerned for the next date of hearing.
    Ld. Counsel for the appellant seeks some time to comply
    with order dated 07.10.2023. Allowed.
    Put up on 30.11.2023 at 2.00 pm.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    08.11.2023
    -- 1 of 1 --
    Interim Order 1
    07 Oct 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/23
    Umesh Mishra Vs. Harish Kumar Jawla
    Fresh appeal received by way of assignment. It be
    checked and registered as per rules.
    07.10.2023
    Present: Appellant in person with Ld. Counsel Sh. S. M. Dixit.
    Heard.
    1. Issue notice to the respondent via all permissible modes
    for the next date of hearing.
    2. An application under section 389 Cr. P.C has also been
    filed with the appeal. The appellant is admitted to bail subject to
    furnishing personal bond and surety bond in the sum of Rs.30,000/-
    each and further subject to condition that he will deposit 20% of
    compensation amount of total amount Rs.7,50,000/- (Rs.6,00,000/-
    and Rs.1,50,000/- with respect to two cheques No.000027 dated
    19.07.2018 & 000097 dated 02.08.2018) in the form of FDR before
    the court within 60 days from today. Bail bond furnished and accepted
    till the next of hearing. Bail bond be verified for 10.10.2023.
    3. Put up on 08.11.2023. TCR be also summoned.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    07.10.2023
    -- 1 of 1 --
    Order 11
    06 Apr 2024
    Order Details: COPY OF ORDER
    Pdf Text: CA No.95/2023
    Umesh Mishra Vs. Harish Kumarjawla
    PS Bhajan Pura
    06.04.2024
    Present: Sh. S. M. Dixit, Ld. Counsel for appellant with appellant.
    Sh. Pradeep Kumar, ld. Counsel for respondent with Pooja
    who is wife of late respondent.
    1. In terms of settlement, Pooja has received a sum of
    Rs.1,50,000/-from the appellant against due acknowledgement.
    2. Put up for payment on 31.05.2024.
    (Dr. Savitri)
    's' ASJ-02(NE)/ KKD/Delhi
    06.04.2024
    Note : Ordersheet cannot be signed digitally as digital signature has
    expired.
    -- 1 of 1 --
    Order 10
    13 Feb 2024
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs. Harish Kumar Jawla
    PS Bhajan Pura
    13.02.2024
    Present: Appellant with Ld. Counsel.
    Ld. Counsel for respondent.
    Respondent is not available today to receive payment.
    Put up for payment on 14.02.2024.
    (Dr.Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 13.02.2024
    -- 1 of 1 --
    Order 9
    21 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/23
    Umesh Mishra vs. Harish Kumar Jawla
    PS Bhajan Pura
    21.12.2023
    Present: Parties with Ld. Counsels.
    An application has been moved by the respondent
    seeking release of FDR of Rs. 1,50,000/- filed by the appellant on the
    case file. In terms of settlement of the parties this amount of Rs.
    1,50,000/- is to be handed to respondent lady.
    Accordingly, the application is allowed and it is directed
    that this FDR No. 578387 issued by Centra Bank of India, Jyoti
    Nagar, Delhi Branch furnished by appellant Umesh Kumar Mishra and
    his wife Rita Mishra of Rs. 1,50,000/- be given to Smt. Pooja Laxmi
    Tomar. Appellant Umesh Kumar Mishra and his wife Rita Mishra who
    are beneficiaries of the FDR have no objection to the same.
    Accordingly, concerned Bank is directed to release the FDR of Rs.
    1,50,000/- to Pooja Laxmi Tomar.
    Copy of this order be given dasti to Pooja Laxmi Tomar.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    21.12.2023
    -- 1 of 1 --
    Order 8
    21 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs.Harish Kumar Jawla
    PS Bhajan Pura
    21.12.2023
    Present: Both parties with Ld. Counsels.
    1. This file has been received from mediation centre as
    settled. Statements of both parties have been recorded separately.
    They are directed to remain bound by the terms of settlement.
    2. Put up for payment on 13.02.2024.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 21.12.2023
    -- 1 of 1 --
    Order 7
    21 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs.Harish Kumar Jawla
    PS Bhajan Pura
    21.12.2023
    Present: Both parties with Ld. Counsels.
    1. This file has been received from mediation centre as
    settled. Statements of both parties have been recorded separately.
    They are directed to remain bound by the terms of settlement.
    2. Put up for payment on 13.02.2024.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 21.12.2023
    -- 1 of 1 --
    Order 5
    16 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs. Harish Kumar Jawla
    PS Bhajan Pura
    16.12.2023
    Present: Appellant in person with Ld. Counsel.
    Ld. Counsel for the respondent.
    1. Both parties submit that there is bright chance of
    settlement between the parties. They further submit that the present
    dispute may be referred to Mediation Centre, KKD Courts, Delhi.
    2. Accordingly, the present matter be sent to the Mediation
    Centre, KKD Courts for 21.12.2023 at 10.00 am.
    3. Both parties are directed to appear before the mediation
    centre on 21.12.2023 at 10.00 am positively.
    4. The appellant has paid a sum of Rs.50,000/- to the
    respondent. The payment is subject to the settlement.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 16.12.2023
    -- 1 of 1 --
    Order 6
    15 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs.Harish Kumar Jawla
    PS Bhajan Pura
    15.12.2023
    Present: Both parties with respective counsels.
    Arguments have been heard on behalf of respondent
    side.
    Ld. Counsel for appellant submits that he will argue
    tomorrow. Put up for arguments on 16.12.2023 at 12:30PM.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    'P' 15.12.2023
    -- 1 of 1 --
    Order 4
    07 Dec 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs. Harish Kumar Jawla
    PS Bhajan Pura
    07.12.2023
    Present: Appellant in person with Ld. Counsel.
    Ld. counsel for respondent.
    1. An affidavit on behalf of Rita Mishra wife of appellant
    has been filed to the effect that she will not withdraw FDR amount of
    Rs.1,50,000/- without permission of the court. The affidavit was
    required as the FDR was prepared in joint names of appellant and his
    wife Rita Mishra.
    2. Ld. Counsel for the appellant seeks some time to address
    arguments on appeal. Allowed.
    3. Put up for arguments on appeal on 15.12.2023.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    s 07.12.2023
    -- 1 of 1 --
    Order 3
    30 Nov 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs. Harish Kumar Jawla
    PS Bhajan Pura
    30.11.2023
    Present: Appellant with Ld. Counsel.
    Surety Rachit Mishra is present.
    Respondent with Ld. Counsel.
    Bail bond/surety bond verification report has been
    received. Everything is found in order. Accordingly, bail bond/surety
    bond accepted. Original RC of the surety Rachit Mishra has been
    retained. Robkar be issued.
    At joint request, put up for arguments on this appeal on
    07.12.2023 at 2:00PM.
    (Savitri)
    'P' ASJ-02(NE)/ KKD/Delhi
    30.11.2023
    -- 1 of 1 --
    Order 2
    08 Nov 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/2023
    Umesh Mishra Vs.Harish Kumar Jawla
    PS Bhajan Pura
    08.11.2023
    Present: Appellant in person with Ld. Counsel.
    Ld. Counsel for respondent.
    Let personal bond and surety bond be verified through
    SHO concerned for the next date of hearing.
    Ld. Counsel for the appellant seeks some time to comply
    with order dated 07.10.2023. Allowed.
    Put up on 30.11.2023 at 2.00 pm.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    08.11.2023
    -- 1 of 1 --
    Order 1
    07 Oct 2023
    Order Details: COPY OF ORDER
    Pdf Text: CA No. 95/23
    Umesh Mishra Vs. Harish Kumar Jawla
    Fresh appeal received by way of assignment. It be
    checked and registered as per rules.
    07.10.2023
    Present: Appellant in person with Ld. Counsel Sh. S. M. Dixit.
    Heard.
    1. Issue notice to the respondent via all permissible modes
    for the next date of hearing.
    2. An application under section 389 Cr. P.C has also been
    filed with the appeal. The appellant is admitted to bail subject to
    furnishing personal bond and surety bond in the sum of Rs.30,000/-
    each and further subject to condition that he will deposit 20% of
    compensation amount of total amount Rs.7,50,000/- (Rs.6,00,000/-
    and Rs.1,50,000/- with respect to two cheques No.000027 dated
    19.07.2018 & 000097 dated 02.08.2018) in the form of FDR before
    the court within 60 days from today. Bail bond furnished and accepted
    till the next of hearing. Bail bond be verified for 10.10.2023.
    3. Put up on 08.11.2023. TCR be also summoned.
    (Savitri)
    ASJ-02(NE)/ KKD/Delhi
    07.10.2023
    -- 1 of 1 --

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