JAGJIT SHARMA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed for quashing and setting aside the order dtd. 17/10/2015 in case bearing no. CC No.7234/2015 wherein the petitioner herein was convicted under Sec. 138 of N.I. Act and order dtd. 27/11/2015 whereby he was awarded sentence of simple imprisonment of one year and the compensation of Rs.4.00 lakhs. The conviction order was challenged before the learned Sessions Court in C.A.No.11/16 and vide judgment dtd. 3/5/2016 the appeal was dismissed. However, even after the dismissal of the appeal, the petitioner did not surrender before the Court and case FIR No.338/16 under Sec. 174A at PS Kapashera was lodged. However, now the parties have reached on a settlement vide settlement deed dtd. 25/4/2023 on the following terms: We amicably settle the dispute as one Criminal Case CC N No. 7 234/2015 Sanjay Kumar Yadav V/S Jagjit Sharma U. / S 138 NI ACT Dwarka Court Delhi Wherein 27 .NOV 2015 The Ld. Trial Court Pleased to allow the said complaint and punished the first party for 12 months of simple imprisonment and Rs.4,00,000.00 as a compensation and on default of the compensation amount the simple imprisonment 03 months extended. The first party preferred an appeal vide CA No. 11/ 16 titled Jagjit Sharma V /S Sanjay Kumar Yadav with the delay of 59 days same was dismissed by the appellant court so the first party filed a criminal revision before the Hon'ble Court same got dismissed. Hence, both the parties settled the said matter with total amount of 5,20,000 whereas Rs.4 ,00,000.00 is compensation amount and Rs.1,20,000.00 is interest amount. The first party deposited Rs.4,00,000.00 - amount through RTGS TO Second party on 18/3/2023 and the remam1ng amount Rs.1,20,000.00 has also been deposited on 27/4/2023. It is further settled that the first party will withdraw his case.

(2.) The complainant is present in court and has duly been identified by the IO. He submits that he has received a sum of Rs.5,20,000.00 from the petitioner. The complainant states that he has settled the matter amicably without any fear, force or coercion and since the terms of settlement agreement have been complied with, he has no objection if the present petition is allowed.

(3.) In the judgment of Hon'ble the Supreme Court in K.M.Imrahim vs. K.P.Mohammed and Anr., Crl.Appeal No.2281/2009 dtd. 2/12/2009, it was inter alia held as under: