Disposed¶16

Arvind Kumar v. State NCT of Delhi & Anr.

Delhi HC13 Oct 2025CRL.M.C./7269/2025

Case brief

AI extract

What is this about?

Delhi High Court; CRL.M.C. 7269/2025 & CRL.M.A. 30493-30496/2025; Justice Neena Bansal Krishna; decided 13.10.2025; Section 528 BNSS, 2023; Section 138 NI Act conviction set aside on settlement; MOU dated 19.08.2025; acquittal of Arvind Kumar; 16 installments; liberty to Complainant to execute MOU on default; ASJ confirmation in CA No. 1980/2024 dated 01.02.2025.

What did the court decide?

Impugned Judgment and Order dated 01.02.2025 confirming conviction and sentence under Section 138 NI Act set aside; Petitioner/Appellant acquitted; petition and pending applications disposed of with liberty to the Complainant to seek execution of the MOU dated 19.08.2025 in case of default in any installment. ¶16

Arvind Kumar Vs State NCT of Delhi & Anr. — Cheque Dishonour | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the amicable settlement between the parties recorded in the MOU dated 19.08.2025 and endorsed by the Complainant, the impugned Judgment and Order dated 01.02.2025 in CA No. 1980/2024 confirming the Petitioner's conviction and sentence under Section 138 NI Act ought to be set aside.

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Ratio / Principle

Since the matter stands amicably settled in terms of the MOU dated 19.08.2025, whose terms were endorsed by the Complainant voluntarily, without any fear or coercion, the impugned Judgment and Order dated 01.02.2025 confirming the conviction and sentence of the Petitioner under Section 138 NI Act is set aside and the Appellant is acquitted.

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Key takeaways

The present petition along with pending applications stands disposed of, with the observation that in case of any default the Complainant shall be at liberty to seek execution of the MOU.ratio¶17

Detailed headnote1 paragraphs

Delhi High Court (Neena Bansal Krishna, J.) — CRL.M.C. 7269/2025 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sought setting aside of the Judgment and Order dated 01.02.2025 in CA No. 1980/2024 by which the learned ASJ had confirmed the Petitioner's conviction and sentence under Section 138 NI Act. Parties having amicably settled all disputes by MOU dated 19.08.2025, whose terms were endorsed by Respondent No. 2/Complainant through video conference as voluntary, without fear or coercion (Clause 3 contemplated withdrawal after payment of all 16 installments, but the Complainant consented to immediate disposal reserving the right of execution on default), the Court set aside the impugned conviction and sentence and acquitted the Petitioner/Appellant, disposing of the petition and pending applications with liberty to the Complainant to seek execution of the MOU in case of default.

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$~73

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7269/2025 & CRL.M.A. 30493-30496/2025

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ARVIND KUMAR .....Petitioner Through: Mr. Rajinder Singh and Mr. Arjun Sharma, Advocates

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versus

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STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State Ms. Yamini Sharma, Advocate for Complainant with Complainant in person

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 13.10.2025

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Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for setting aside the Judgment and Order dated 01.02.2025 in CA No. 1980/2024 whereby the learned ASJ has confirmed the conviction and sentence of the Petitioner under Section 138 NI Act.

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It is submitted that the parties have now amicably settled all their disputes and entered into an MOU dated 19.08.2025 and the present Appeal be decided in terms of MOU.

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The Respondent No. 2 has appeared through VC alongwith the Counsel and has endorsed the terms of the Settlement and has stated that he has no objection to the disposal of the Appeal in terms of MOU.

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It is specifically pointed out that as per the terms of Clause 3 of the MOU, the parties had stated that the withdrawal would be effected after the

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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 16/10/2025 at 14:11:09

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all 16 installments are paid. However, the Complainant herein submits that he has no objection to the disposal of the present Appeal and that he shall seek execution of the MOU in terms stated therein in case there is any default in any of the installments.

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Considering that the matter has been amicably settled in terms of the MOU dated 19.08.2025, the terms of which have been endorsed by the Complainant and has stated voluntarily, without any fear or coercion, the Impugned Judgment and Order dated 01.02.2025, confirming the conviction and sentence of the Petitioner under Section 138 NI Act is hereby set aside. The Appellant is hereby acquitted.

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The present Petition alongwith pending Applications, is accordingly disposed of with the observation that in case of any default, the Complainant shall be at liberty to seek execution of the MOU.

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NEENA BANSAL KRISHNA, J

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OCTOBER 13, 2025 N

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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 16/10/2025 at 14:11:09

Arvind Kumar v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Arvind Kumar v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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