The High Court set aside the impugned order allowing the petitioner's release on a post-dated cheque of Rs. 1,50,000 subject to realization, ordering that the conviction stand revived if the cheque is dishonoured.
Impugned order set aside; petitioner to be released subject to cheque realization; conviction revived if cheque dishonoured.
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TUSHAR SHARMA ..... Petitioner Through :Mr. Abhishek Kumar and Mr. Neeraj Kumar Jha, Advs.
versus
| STATE & ANR | ..... Responde | nts | ||
|---|---|---|---|---|
| Through | :Mr. Tarang |
Srivastava, APP |
for | |
| respondent no. | 1 | |||
| Mr. Vipin |
Dilwari, Adv. |
with | ||
| authorized | representative | of | ||
| respondent no. | 2 |
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R % 11.11.2016
It is submitted that petitioner (accused) and respondent no. 2 (complainant) have arrived at an amicable settlement before the Mediation Centre. Petitioner has paid 1,50,000/- to the respondent no. 2 vide a postdated cheque bearing no. 586533 dated 10<sup>th</sup> February, 2017 for 1,50,000/-, drawn on Bank of Baroda, Manak Vihar Branch, Delhi – 110092 favouring Bhajanpura Cooperative (U) T & C Society Ltd. and the said post-dated cheque has been accepted by the respondent no. 2, subject to realization. In view of this, impugned order is set aside; however, subject to the realization
of the aforesaid cheque.
Petitioner be released from the jail.
It is made clear that in case aforesaid cheque is dishonoured, impugned order of conviction and sentence shall stand revived.
Revision petition is disposed of in the above terms. Miscellaneous
application is disposed of as infructuous. Copy of the order be sent to the Jail Superintendent for compliance.
A.K. PATHAK, J.
NOVEMBER 11, 2016 rb
TUSHAR SHARMA
STATE
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
