Final Order 10

Order Details: COPY OF ORDER
Pdf Text: 9
Criminal Appeal No. 100/2023
CNR No. DLNE01-003213-2023
Ms. P. R. Traders Vs. State Govt. of NCT of Delhi & Anr.
02.7.2024
Present: Appellant/convict in person.
Sh. F. M. Ansari, Ld. Addl. PP for the State/
Respondent no. 1.
Respondent no. 2/complainant in person.
1. The appellant/convict was convicted u/s. 138 of the
Negotiable Instruments Act, vide judgment dated 09.6.2023,
passed by the court of Ms. Nidhi Bala, Ld. Metropolitan
Magistrate (Mahila Court-03), Shahdara, Karkardoooma Courts,
Delhi and vide order on sentence dated 16.08.2023, passed by the
court of Sh. Snehil Sharma, Ld. MM (NI Act), Digital Courts,
North-East District, Karkardoooma Courts, Delhi, the convict
was sentenced to simple imprisonment for one year and to pay
fine equivalent to Rs.1,90,000/-, which is equal to double of the
cheque amount.
2. Feeling aggrieved with the said judgment and order
passed by the Ld. Trial Court, the appellant/convict had filed the
present appeal alongwith an application u/s. 5 of the Limitation
Act, seeking condonation of delay in filing of the present appeal.
Notice thereof was served to the respondent /complainant.
During the pendency of the present appeal, a memorandum of
understanding dated 21.12.2023 for a total amount of Rs.70,000/-
was executed between the parties and the appellant/convict had
agreed to pay the said amount to respondent no.2/complainant, as
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per the conditions, mentioned in the said memorandum of
understanding (Ex. X-1) within six months. The respondent no.
2/complainant had accepted the said offer made by the
appellant/convict and an amount of Rs.15000/- was already paid
by the appellant/convict to the respondent no.2/complainant.
Separate statements of both the parties were recorded on
06.3.2024 and the matter was fixed for 01.07.2024, for apprising
the court about the payment of the settled amount to the
respondent no. 2/complainant by the appellant/convict.
3. On dated 01.7.2024, none had appeared on behalf of
the appellant/convict. Only respondent no. 2/complaint had
appeared in person and he apprised to the court that he had
received the complete payment of the settled amount and the
matter was adjourned for today for recording statements of both
the parties.
4. Today, on putting of the appearance, the appellant
/convict has given the statement as under:-
“Statement of Sh. Pradeep Kumar, Prop. Of M/s. P. R.
Traders, S/o Sh. Gaya Prasad, aged about 36 years, R/o H. No. B-432,
Madhukunj Gali, Subhash Mohalla, North Ghonda, Delhi-110053.
On SA
I am the Prop. of the appellant in the present appeal. I have
paid complete payment of the settled amount of Rs.70,000/- to the
respondent no. 2/complainant and I pray that in view of the complete
payment of the settled amount, the offence may be allowed to be
compounded.
RO&AC
-sd-
-sd-
(PUNEET PAHWA)
Special Judge (NDPS)/Addl. Sessions Judge/
North East/KKD Courts/Delhi/02.7.2024
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5. On hearing the statement of the appellant/convict
and on receiving of the complete payment of the settled amount
of Rs.70,000/- from the appellant/convict, the respondent
/complainant has also given the statement, as under:-
“Statement of Sh. Lakshi Babu Sharma, S/o Sh. Pashuram
Sharma, aged about 60 years, R/o H. No. B-228/169, Vijay Marg, North
Ghonda, Delhi-110053.
On SA
I am the respondent no. 2/complainant in the present appeal. I
have already received the complete payment of the settled amount of Rs.
70,000/- from the appellant/convict and in view of payment of total settled
amount of Rs.70,000/- by appellant/convict to me, the offence may be allowed
to be compounded.
RO&AC
-sd-
-sd-
(PUNEET PAHWA)
Special Judge (NDPS)/Addl. Sessions Judge/
North East/KKD Courts/Delhi/02.7.2024”
6. Since, this appellant/convict was convicted and
sentenced by the Ld. Trial Court u/s. 138 of NI Act and the
offence punishable u/s. 138 of NI Act is compoundable, so, in
view of the settlement arrived at between the parties to the
present lis, payment of total settled Rs.70,000/- made by the
appellant/convict to the respondent no.2/complainant and in the
light of the statements of the parties recorded in the court, the
offence is allowed to be compounded.
7. In the above said terms, the present appeal
alongwith the application u/s. 5 of the Limitation Act filed by the
appellant/convict are disposed of. Bail bonds stand cancelled.
Surety bonds stand discharged. Documents in original, if any be
returned to the rightful claimant, against the proper receipt.
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8. File be consigned to record room. Record of the Ld.
Trial Court is ordered to be sent with attested copy of this order.
(PUNEET PAHWA)
Special Judge (NDPS)/Addl. Sessions Judge/
North East/KKD Courts/Delhi/02.7.2024
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