Allowed

Lalit Mohan Madhan v. State of NCT of Delhi & Anr.

Delhi HC12 Mar 2024CRL.M.C./2016/2024

Case brief

AI extract

What is this about?

Petitioner challenged orders regarding a criminal settlement and deposit forfeiture under Criminal Procedure Code. Court allowed appeals but directed Sessions Court to explain specific financial loss amount while explicitly stating observations were not on merits.

What did the court decide?

Petitions allowed subject to Trial Court passing speaking order on forfeiture of Rs. 40 lacs before finalizing settlement terms, with explicit non-merits observation.

Lalit Mohan Madhan Vs State of NCT of Delhi & Anr. — Criminal Trial and Appeal | Delhi HC (2024)

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$~113 and 114

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2016/2024

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LALIT MOHAN MADHAN ..... Petitioner

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Through: Mr. Sunil Dalal, Senior Advocate with Mr. Bhaskar Mishra, Advocate.

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versus

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STATE OF NCT OF DELHI & ANR. ..... Respondents

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Through: Mr. Sanjeev Sabharwal, APP for State Mr.Narender Vashisht, Mr.Raju D. and Mr.D.S. Bhadwaj, Advocates for respondent No.2

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- CRL.M.C. 2017/2024 LALIT MOHAN MADHAN ..... Petitioner

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Through: Mr. Sunil Dalal, Senior Advocate with Mr. Bhaskar Mishra, Advocate.

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versus

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STATE OF NCT OF DELHI & ANR. ..... Respondent

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Through: Mr. Sanjeev Sabharwal, APP for State Mr.Narender Vashisht, Mr.Raju D. and Mr.D.S. Bhadwaj, Advocates for respondent No.2

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R

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% 12.03.2024

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CRL.M.A. 7792/2024 in CRL.M.C. 2016/2024 (exemption) and CRL.M.A. 7795/2024 in CRL.M.C. 2017/2024 (exemption)

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Allowed, subject to all just exceptions.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:07:40

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The applications are disposed of.

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CRL.M.C. 2016/2024, CRL.M.A. 7790/2024 (stay) and CRL.M.A. 7791/2024 (direction) and CRL.M.C. 2017/2024, CRL.M.A. 7793/2024 (stay) and CRL.M.A. 7794/2024 (direction)

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By way of present petitions filed under Section 482 Cr.P.C., the petitioner is aggrieved by the order dated 06.03.2024 passed by the learned Principal District & Sessions Judge (South) Saket Courts, New Delhi in CA Nos.327/2022 and 328/2022.

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Learned Senior Counsel for the petitioner submits that during the pendency of proceedings before the trial court, the parties were able to reach an amicable settlement. While referring to the order dated 31.01.2023, it is submitted that vide the said order, the issue whether Rs.40 lacs amount deposited by the petitioner was to be forfeited or adjusted had to be decided after the last installment has been paid. He further contends that apart from the said amount of Rs.40 lacs, the entire remaining amount stands paid. He submits that in case Rs.40 lacs is to be adjusted, the petitioner has no remaining liability.

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Learned counsel for respondent No.2, however, contests the aforesaid position and submits that vide earlier orders, the aforesaid amount of Rs.40 lacs was directed to be forfeited as the petitioner had failed by the terms of settlement.

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Considering that the appeal is pending before the Sessions Court, the concerned Court shall pass a speaking order on the issue that finds mention in the said order 31.01.2023. While considering the submissions of the parties, the Sessions Court will also look into the total amounts paid by the

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:07:40

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petitioner.

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With the aforesaid observation, the petitions are disposed of alongwith the pending applications.

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Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial as the observations are only for the purpose of the disposal of the present petitions.

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Let a copy of this order be communicated to the concerned trial court for information and necessary compliance.

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DASTI .

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MANOJ KUMAR OHRI, J

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MARCH 12, 2024

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Lalit Mohan Madhan v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Lalit Mohan Madhan v. State of NCT of Delhi & Anr.

Case brief

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What did the court decide?

What the court decided

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