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2023 Supreme(Del) 3318
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Surender Singh Taneja – Appellant
Versus
The State, Through-sho, Ps-mukharjee Nagar & Anr. – Respondents
Cr.REV.P. 205 of 2023
Decided On : 20-07-2023
Mr. Anurag Jain and Mr. Sanchit Sain, Advocates alongwith Petitioner.
Mr. Satinder Singh Bawa, APP for State with SI Jeetendra Singh, P.S. Mukherjee Nagar.
Mr. Sameer Mendiratta, Advocate, for the Respondent-2.
The court has the power to compound the offense under Section 147 of NI Act, 1881, and can set aside the order of conviction.
Headnote:
Settlement - Deposit Amount - The court directed the release of a deposited amount in favor of the respondent as a full and final settlement, compounding the offense under Section 147 of NI Act, 1881, and setting aside the order of conviction by the Trial Court and First Appellate Court.
Fact of the Case:
The parties jointly submitted the possibility of settlement on the deposit amount. The petitioner requested the release of the deposited amount in favor of the respondent as a full and final settlement.
Finding of the Court:
The court directed the release of the deposited amount in favor of the respondent as a full and final settlement, compounded the offense, and set aside the order of conviction by the Trial Court and First Appellate Court. The matter was listed before the Trial Court for further proceedings.
Issues: Settlement of the deposit amount, compounding of the offense, and setting aside the order of conviction.
Ratio Decidendi: The court exercised its powers under Section 147 of NI Act, 1881 to compound the offense and allowed the revision petition in favor of the petitioner.
Final Decision: The revision petition was allowed, and the order of conviction by the Trial Court and First Appellate Court was set aside. The matter was listed before the Trial Court for further proceedings.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. After some arguments, learned counsel appearing for the parties jointly submit that there could be a possibility of the settlement on the deposit amount itself.
2. Mr. Anurag Jain, learned counsel for the petitioner, submits that the petitioner is present in person and under instructions, submits that the amount so deposited to the extent of Rs.1,50,000/- as directed vide this Court's order, may be released in favour of respondent no.2 as a full and final settlement amount.
3. Mr. Sameer Mendiratta, learned counsel for respondent no.2 submits, under instructions, that the respondent no.2 is willing to accept the said deposit of Rs.1,50,000/- as full and final settlement towards all claims pending against the petitioner.
4. In that view of the matter, it is directed that the learned Trial Court pass appropriate directions for release of the said amount deposited before it by the petitioner in favour of respondent no.2.
5. As per Mr. Mendiratta, the original Demand Draft which was deposited before the learned Trial Court, was not converted into FDR despite directions of this Court. Resultantly, the first said Demand Draft expired by efflux of time subsequently, a fresh Demand Draft for a sum of Rs.1,50,000/- was deposited by the petitioner which may now be released in favour of respondent no.2.
6. Learned Trial Court is directed to consider the said request and in case the said amount has not been converted into FDR as yet, the same be released in favour of respondent no.2, forthwith. In case it has been converted into an FDR, the same be released to respondent No.2 with accrued interest till date of release.
7. In view of the aforesaid and under the powers conferred upon this Court under Section 147 of NI Act, 1881, the offence is compounded.
8. The order of conviction by the learned Trial Court as also of First Appellate Court stand set aside.
9. The revision petition is allowed in afore terms.
10. List the matter before the learned Trial Court on 31.07.2023.
11. Both the parties are also directed to appear before the learned Trial Court on 31.07.2023 so as to ensure that the said amount is released in favour of respondent no.2 smoothly.
