PRAHALD SINGH Vs. STATE

JUDGEMENT

(1.) This revision petition under Section 397 Cr.P.C is directed against the judgment and order dated 09.03.2018 passed by the Additional Session Judge, Karkardooma Courts, New Delhi, in CRL. Appeal No.194/2017. The Additional Session Judge by the impugned judgment affirmed the order dated 29.06.2017, passed by the Additional Chief Metropolitan Magistrate, East, Karkardooma Court, Delhi, convicting the petitioner for an offence under Section 138 of Negotiable Instruments Act, 1881 (hereafter referred as „The NI Act") and the Order on sentence dated 17.10.2017 directing the petitioner to pay a compensation of Rs.1,75,000/- and in default the petitioner herein has to undergo simple imprisonment for three months.

(2.) On 01.11.2019, the counsel for the petitioner on instructions from the petitioner, who was present in person, submitted that the petitioner is ready and willing to settle the disputes with respondent No.2. It was agreed that the petitioner will make the payment of Rs.1,70,000/- to respondent No.2 in four monthly instalments. The first three instalments of Rs.50,000/- each were to be paid on or before 01.12.2019, 01.01.2020 and 01.02.2020 respectively. The fourth and final instalment of Rs.20,000/- was to be paid on or before 01.03.2020. The petitioner also undertook to deposit fine of Rs.5,000/- with the Delhi High Court Legal Services Committee within four weeks. The petitioner further undertook to deposit 15% of the compensation amount with the Delhi High Court Legal Services Committee in view of the decision of Supreme Court in Damodar S.Prabhu vs. Saved Babalal H., (2010) 5 SCC 663 within four weeks thereafter. The said amount has not been paid.

(3.) On 07.02.2020 the counsel for the petitioner submitted that the petitioner is willing to pay the amount, provided some more time is given to him and prayed that six months time be granted and he also stated that an undertaking in this regard will be filed by him within one week. Even though time was granted, the amount has not been paid.