Royal Switchgears Pvt Ltd & Anr v. K L Gugnanai

Crl.R.P.551/2015 $-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI

DECIDED ON : 16th SEPTEMBER, 2015

+ CRL.REV.P.551/2015, CRL.M.B.7672/15 & CRL.M.A.12992/15

ROYAL SWITCHGEARS PVT. LTD. & ANR. ..... Petitioners

Through : Mr.Ashok Kumar, Advocate.

versus

K L GUGNANAI

.....Respondent

Through : Mr.M.Dhawan, Advocate.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Oral)

¶1Present revision petition has been preferred by the petitioners to challenge the legality and correctness of a judgment dated 22.08.2015 of learned Addl. Sessions Judge in Crl.A. No. 64/2015 by which the judgment and sentence order of learned Metropolitan Magistrate in CC No. 340/2/13 under Section 138 Negotiable Instruments Act were upheld. The revision petition is contested by the respondent.

¶2During the proceedings, the matter was settled. Learned counsel for the respondent stated that offence has been compounded and he has no objection if the revision petition is disposed of as settled / compounded. He further stated that the payment agreed to between the parties has been received by the complainant. Crl.R.P.551/2015

¶3Since the offence has been compounded by the complainant with the petitioners with his free consent without any fear or pressure, the revision petition filed by the petitioners is disposed of as settled / compounded. The petitioner is acquitted.

¶4Learned counsel for the petitioner prayed to substantially reduce the costs to be deposited as the petitioner has remained in custody in this case for about eighteen days and has settled the dispute with the complainant by paying ` 1 lac more to the complainant.

¶5Since the matter has been settled at revisional stage, considering the peculiar facts and circumstances of the case, the petitioner is directed to deposit `40,000/- as costs within two weeks before the Trial Court.

¶6The revision petition stands disposed of accordingly. Pending applications also stand disposed of.

¶7Trial Court record (if any) along with copy of the order be sent back immediately.

(S.P.GARG) JUDGE

SEPTEMBER 16, 2015 / tr