Final Order 10

Order Details: COPY OF ORDER
Pdf Text: CA No.31/2024
Alok Setia vs. Amit Khera
CA No. 32/2024
Alok Setia vs. Amit Khera
Video Conferencing is functional.
11.02.2025 at 02:00 pm
Present: Appellant with Ld. Counsel Shri Vikas Giri, Shri Harsh
Dhingra & Shri Harshit Khanna.
Respondent with Ld. Counsel Shri Lokesh Verma.
Vide separate judgment, dictated and announced in the open
Court today, the present appeal filed by appellant is dismissed. The impugned
judgment dated 12.01.2024 qua conviction of appellant Alok Setia is upheld.
Consequently, appellant Alok Setia is convicted for the offence u/s 138 NI
Act.
Both the parties separately heard on quantum of sentence.
Common Order on Sentence
1. It is stated by Ld. Counsel for appellant/convict that amount
of fine (as compensation awarded by Ld. Trial Court) be reduced as convict
is not in a financial condition to pay the said amount to the respondent. It is
stated that convict be not sent to imprisonment as same would affect his
personal and professional life.
2. It is, however, argued by Ld. Counsel for respondent that Ld.
Trial Court ordered payment of total compensation amount of Rs.3,99,000/-
after considering the facts and circumstances of both the cases which arise
out of a common transaction and therefore, no ground to reduce the said
amount is made out.
At this stage, Ld. Counsel for convict made a proposal to pay
the amount of compensation to the complainant today itself. The complainant
and Ld. Counsel for complainant are agreeable to accept the amount of
compensation as awarded by Ld. Trial Court. It is also stated that in case,
convict makes the payment of entire compensation amount today itself, they
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have no objection if he is not sentenced to imprisonment as ordered by
Ld.Trial Court. Ld. Counsel for convict has assured payment of the entire
compensation amount (Rs.3,99,000/- as ordered by Ld. Trial Court in both
the complaint cases) today itself. Convict sought grant of a short pass over
for half an hour to make payment of the compensation amount.
Both the parties have appeared after half an hour. It is stated
by Ld. Counsel for complainant that the entire compensation amount
(Rs.1,74,000/- in CA No. 31/2024 and Rs.2,25,000/- in CA No.32/2024)
stands paid to complainant.
3. Submissions heard. Record perused.
4. After considering the overall aggravating and mitigating
circumstances of the present case particularly the fact that convict agreed to
pay the entire compensation amount to complainant today itself, this Court is
of the opinion that no purpose would be served by sentencing the convict to
imprisonment for four months as ordered by Ld. Trial Court. Convict is
accordingly sentenced to pay fine of Rs.1,74,000/- as compensation in CA
No.31/2024 and to pay fine of Rs.2,25,000/- as compensation in CA No.
32/2024. The order on quantum of sentence of Ld. Trial Court dated
19.01.2024 stands modified accordingly. It is clarified that the total amount
of fine i.e. Rs.3,99,000/- as compensation stands paid by the convict Alok
Setia to complainant/respondent Amit Khera today. The order on sentence
accordingly stands satisfied.
5. Copy of judgment and order on sentence be given to convict
free of cost against receipt/acknowledgment immediately. One copy be sent
to Ld. Trial Court for necessary intimation and record.
6. TCR be sent back to Ld. Trial Court immediately. Ahlmad is
directed to the needful.
Appeal file be consigned to Record Room.
(ARVIND BANSAL)
Additional Sessions Judge-05 (Shahdara)
Karkardooma Courts, Delhi/11.02.2025
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