RANBIR BHARDWAJ Vs. SOHAN LAL GUPTA

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. seeking setting aside of order dtd. 6/10/2020 passed by learned ASJ-04, West, Tis Hazari Courts, Delhi in Criminal Revision No. 412/2019 titled Ranbir Bhardwaj v. Sohan Lal Gupta.

(2.) Mr. Vishwendra Verma, learned counsel for the petitioner submits that the present proceedings arise out of the complaint case no. 19244/16 filed under the provisions of the Negotiable Instruments Act with respect to dishonour of cheque dtd. 5/6/2015 for Rs.3,92,000.00. He submits that during the pendency of the proceedings, the trial court wrongly relied upon the Memorandum of Settlement dtd. 5/12/2018. Learned Counsel for the petitioner contended that the said settlement agreement was not entered into by the petitioner with his own will. The petitioner was coerced into entering the settlement agreement. Learned counsel further contended that the trial court could not have passed the order dtd. 20/7/2019 under Sec. 421 read with Sec. 431 Cr.P.C. as a reading of the aforesaid Sec. would show that same only relate to a fine. On the same reasoning, he has challenged the impugned order passed by the Sessions Court whereby the order of the Trial Court was upheld.

(3.) Mr. Praveen Suri, learned counsel for the respondent, on the other hand, has supported the impugned order. He submits that the Memorandum of Settlement dtd. 5/12/2018 (annexed as Annexure P-3 with the petition) was entered into between the parties with their own free will whereby the parties settled three complaint cases pending between them being CC Nos. 19244/2016, 1257/2016 and 1037/2016. He submits that thereafter, the parties appeared along with their respective counsels before the Trial Court acknowledging the factum of entering into the Memorandum of Settlement. Furthermore, on 05.12 2018, the statements of the parties were also recorded before the Trial Court. The complainant as well as the petitioner identified their signatures on the settlement agreement. As per the Memorandum of Settlement, the petitioner was required to pay an amount of Rs.25.92 lacs along with 20% interest per annum. While the principal amount of Rs.25.92 lacs was to be paid on or before 25/1/2019, the amount on account of interest was payable on or before 25/2/2019.