Sanjay Dandona Vs State Govt. of NCT of Delhi Nd Anr.

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$~4 to 7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.REV.P. 1348/2024 & CRL.M.(BAIL) 2087/2024 SANJAY DANDONA .....Petitioner Through: Ms. Sanya Kaushal, Advocate along with petitioner in person.

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versus

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STATE GOVT. OF NCT OF DELHI ND ANR. .....Respondents Through: Mr. Rajkumar, APP for the State Mr. Arjun Sehgal, Advocate for respondent no. 2 and respondent no. 2 in person.

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(5)

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CRL.REV.P. 1349/2024 & CRL.M.(BAIL) 2097/2024 SANJAY DANDONA .....Petitioner Through: Ms. Sanya Kaushal, Advocate along with petitioner in person.

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Rajkumar, APP for the State Mr. Arjun Sehgal, Advocate for respondent no. 2 and respondent no. 2 in person.

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(6) + CRL.REV.P.(NI) 75/2024 & CRL.M.(BAIL) 2107/2024 SANJAY DANDONA .....Petitioner Through: Ms. Sanya Kaushal, Advocate along with petitioner in person.

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versus

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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 16/05/2025 at 13:17:00

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STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Rajkumar, APP for the State Mr. Arjun Sehgal, Advocate for respondent no. 2 and respondent no. 2 in person.

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(7)

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CRL.REV.P.(NI) 76/2024 & CRL.M.(BAIL) 2108/2024 SANJAY DANDONA .....Petitioner

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Through: Ms. Sanya Kaushal, Advocate along with petitioner in person.

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Rajkumar, APP for the State Mr. Arjun Sehgal, Advocate for respondent no. 2 and respondent no. 2 in person.

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CORAM:

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HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 06.05.2025

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1. By way of these revision petitions, the petitioner has assailed his conviction in Ct Case No. 433/2019, Ct Case No. 3360/2017 and Ct Case No. 3373/2017, for offence under Section 138 of Negotiable Instruments Act, 1881 (hereafter ‘NI Act’ ). The petitioner was convicted and sentenced by the learned trial court and the said judgments/orders were upheld by the learned Appellate Court.

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The parties are present before this Court in person along with their counsel. The learned counsel for both the parties state that the matter has

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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 16/05/2025 at 13:17:00

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amicably been settled between both the parties. The Settlement Agreement dated 02.05.2025 is on record.

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Both the parties state that they will remain bound by the said settlement.

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As per para 3 of the Settlement Agreement, the parties have agreed that the first party i.e., the petitioner will have no objection in case this Court releases the amount deposited with the Registrar General of this Court i.e. Rs.7,50,000/- to the respondent no. 2 in terms of the settlement aforementioned.

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In view thereof, this Court directs the learned Registrar General of this Court with whom this amount stands deposited, to ensure that the same is released on proper receipt to the respondent no. 2 in terms of the settlement.

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As far as rest of the conditions stipulated in the settlement agreement are concerned, the parties will remain bound by the same.

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Though the present petition was filed by the petitioner assailing his conviction under Section 138 of NI Act, the matter now stands settled between the parties. As held by Hon’ble Supreme Court in catena of judgments, offence under Section 138 NI Act can be settled and compounded at any stage under Section 147 of the Act, and when a person is allowed to compound the offence, his conviction can be set aside [See Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663; K.M. Ibrahim v. K.P. Mohammed & Ors (2010) 1 SCC 798; Vinay Devanna Nayak v. Ryot Sewa Sahakari Bank Ltd. (2008) 2 SCC 305 ]. Since the matter has been settled between the parties and petitioner has cleared all his dues towards respondent no. 2, there is no legal impediment in allowing 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 16/05/2025 at 13:17:00

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present petition.

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Therefore, the impugned judgments of conviction and orders on sentence in Ct Case No. 433/2019, Ct Case No. 3360/2017 and Ct Case No. 3373/2017 are set aside.

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