Allowed

Raj Narayan Tiwari v. State NCT of Delhi and Anr.

Delhi HC21 May 2024CRL.REV.P./379/2024

Case brief

AI extract

What is this about?

A criminal revision petition challenged conviction under Section 138 of the Negotiable Instruments Act upheld in appellate court. The complainant confirmed full compensation was paid and a settlement deed was executed. The court compounded the matter, set aside the conviction and sentence, acquitted the petitioner, and discharged the bail bond.

What did the court decide?

Order of conviction and order on sentence set aside; petitioner acquitted; bail bond discharged.

Raj Narayan Tiwari Vs State NCT of Delhi and Anr. — Cheque Dishonour | Delhi HC (2024)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.REV.P. 379/2024

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RAJ NARAYAN TIWARI ..... Petitioner

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Through: Mr. Kamlesh Kumar Verma and Mr. Dinesh Singh Bachgoti, Advocates.

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versus

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STATE NCT OF DELHI AND ANR. ..... Respondents Through: Mr. Sunil Kumar Gautam,APP for the State.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 21.05.2024

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The present petition under Sections 397/401 of the Cr.P.C. seeks the following prayers:

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“a) To pass an order thereby for set aside the impugned judgment dated 07.02.2024 passed by Sh. Pankaj Arora, ASJ-04 District North East Karkardooma Court Delhi vide Crl. Appeal No. 41/2023 titled as Raj Narayan Tiwari Versus Mahavir Singh and order of sentence dated l5.03.2023 and judgment dated 24.02.2023 passed by Trial Court of sh. Rupinder Singh Dhiman. Ld. MM. District North East Karkardooma Court Delhi in CC No. CC/67/2019.

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b) To pass an order thereby release to the revisionist from the JC. c) To pass such other and further orders which this Hon'ble Courts deems fit and proper may also be passed in favour of revisionist.”

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The present petition challenges the judgment passed by the learned Additional Sessions Judge in Criminal Appeal No. 41/2023, whereby the appeal against judgment of conviction dated 24.02.2023 and order on sentence dated 15.03.2023 passed by learned Metropolitan Magistrate, was

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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 27/05/2024 at 12:43:28

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dismissed. Vide the judgment of conviction and order on sentence, the petitioner has been convicted under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo simple imprisonment for a period of 01 years alongwith fine of Rs. 2,85,000/- as compensation to the complainant.

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Learned counsel for the petitioner submits that 20 percent of the compensation amount, i.e., Rs. 57,000/- had been deposited before the learned Appellate Court which has since been released to respondent no. 2. It is further pointed out that the parties have entered into a compromise and remaining amount of Rs. 2,28,000/- had been paid vide demand draft bearing DD No. 016309, dated 14.03.2024, drawn on Axis Bank, Yamuna Vihar, in the name of respondent no. 2, on 19.03.2024.

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On 19.03.2024, respondent no. 2 alongwith Counsel had confirmed the aforesaid and had submitted that she had entered into a compromise with the petitioner. It is further submitted that she has accepted the remaining amount of Rs. 2,28,000/- out of Rs. 2,85,000/- awarded as compensation in the present case before this Court.

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Copy of the settlement deed dated 28.03.2024, has been placed on record, whereby the respondent no. 2 has settled the matter with the petitioner and prays that the matter be compounded.

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Respondent no. 2 is present before this Court and confirms her statement made and recorded in order dated 19.03.2024.

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In view thereof, the matter stands compounded.

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The petition is allowed. Order of conviction and order on sentence are set aside . The appellant is acquitted and bail bond stands discharged.

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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 27/05/2024 at 12:43:28

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AMIT SHARMA, J

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The present petition stands disposed of.

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MAY 21, 2024/ab

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Click here to check corrigendum, if any

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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 27/05/2024 at 12:43:28

Raj Narayan Tiwari v. State NCT of Delhi and Anr.

Case brief

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Raj Narayan Tiwari v. State NCT of Delhi and Anr.

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