JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 12779/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 3395/2023

1. Present petition has been filed for quashing and setting aside the order dated 17.10.2015 in case bearing no. CC No.7234/2015 wherein the petitioner herein was convicted under Section 138 of N.I. Act and order dated 27.11.2015 whereby he was awarded sentence of simple imprisonment of one year and the compensation of Rs.4 lakhs. The conviction order was challenged before the learned Sessions Court in C.A.No.11/16 and vide judgment dated 03.05.2016 the appeal was dismissed. However, even after the dismissal of the appeal, the petitioner did not surrender before the Court and case FIR No.338/16 under Section 174A at PS Kapashera was lodged. However, now the parties have reached on a settlement vide settlement deed dated 25.04.2023 on the following terms:

We amicably settle the dispute as one Criminal Case CC N No. 7 234/2015, Sanjay Kumar Yadav V/S Jagjit Sharma, U./S 138 NI ACT Dwarka Court Delhi Wherein 27.NOV 2015 The Ld. Trial Court Pleased to allow the said complaint and punished the first party for 12 months