Disposed

Vivek Chauhan v. State (Nct of Delhi) and Anr.

Delhi HC19 Jan 2024CRL.REV.P./75/2024

Case brief

AI extract

What is this about?

A revision petition challenged conviction and sentence under Section 138 NI Act. After the parties settled and the complainant acknowledged receipt of the cheque amount plus compensation totalling Rs.62 lacs, the High Court permitted compounding of the offence and disposed of the petition with costs.

What did the court decide?

Offence under Section 138 NI Act permitted to be compounded; petition disposed of with Rs.1 lac cost deposited with DSLSC for counselling POCSO victims.

Vivek Chauhan Vs State (Nct of Delhi) and Anr. — Cheque Dishonour | Delhi HC (2024)

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$~117

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.REV.P. 75/2024, CRL.M.(BAIL) 106/2024, CRL.M.A. 1744/2024

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VIVEK CHAUHAN ..... Petitioner Through: Mr. Abhishek Kumar, Mr. Shivam Kumar and Mr. Anoop, Advocates with petitioner in person through V.C. versus STATE (NCT OF DELHI) AND ANR. ..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Satish Bhati, P.S. Okhla Industrial Area. Mr. Neeraj Kumar, Advocate for respondent No.2.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 19.01.2024

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By way of present petition filed under Section 397 read with Section 482 Cr.P.C., petitioner seeks to set aside the judgment and order dated 08.01.2024 passed by the learned ASJ, Saket in CRL.A. 177/2022 whereby the judgment of conviction dated 02.08.2022 and order on sentence dated 18.08.2022 passed by the learned M.M. in proceedings under Section 138 of the N.I. Act in C.C. NI Act No. 509/2020 was upheld.

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Learned counsel for the petitioner submits that after passing of the impugned judgment, parties have entered into a settlement whereby the cheque amount alongwith the compensation has been paid to the respondent No.2, and in this regard a copy of acknowledgment of payment has been placed on record.

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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 13:44:18

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Issue notice.

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Mr. Neeraj Kumar, learned counsel for respondent No.2 enters appearance and acknowledges the receipt of entire cheque amount as well as the compensation amount totalling to Rs.62 lacs. He submits that nothing more is left to be received from the petitioner.

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Sub Section 6 of Section 320 Cr.P.C. stipulates that a Court while exercising powers of revision may allow any person to compound any offence which such person is competent to compound under the said section. 6. Accordingly, since the parties have been able to reach a settlement and respondent No.2 having given the no objection, the offence under Section 138 of the N.I. Act is permitted to be compounded.

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Petitioner, who has joined the proceedings through V.C. and has been identified by his counsel, prays for the reduction of cost to be payable and volunteers to deposit Rs.1 lac. Let the cost of Rs.1 lac be deposited with the Delhi State Legal Services Committee within two weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Committee for providing counselling/psychological support to POCSO victims requiring such assistance. Proof evidencing receipt of deposit shall be filed in Court.

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Petition is disposed of alongwith pending applications.

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A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Committee for intimation.

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MANOJ KUMAR OHRI, J

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JANUARY 19, 2024 ga

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Vivek Chauhan v. State (Nct of Delhi) and Anr.

Case brief

What is this about?

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Vivek Chauhan v. State (Nct of Delhi) and Anr.

Case brief

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