Devender Sharma vs State NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 643

MANOJ JAIN
Devender Sharma – Appellant
Versus
State NCT of Delhi – Respondent

Advocates appeared:
Mr. Nadeem Quareshi, Advocate, for the Petitioner.
Mr. Hitesh Vali, APP for State/Respondent No. 1.
Mr. Amit Yadav, Advocate for Respondent No. 2 with Respondent No. 2.

JUDGMENT (Oral)

CRL.M.A. 9339/2024 (exemption)

Exemption allowed subject to just all exceptions.

CRL.M.A. 9340/2024 (condonation of delay)

Learned counsel for respondent no. 2 and Mr. Vali have no objection if the delay is condoned without prejudice to their rights and contentions.

Delay is accordingly condoned.

CRL.M.A. 9341/2024 (u/s 147 of Negotiable Instruments Act for compounding)

1. A revision petition has been filed under Section 397 Cr.P.C. read with Sections 401 & 482 of Cr.P.C.

2. Respondent No. 2 had filed a complaint under Section 138 of Negotiable Instruments Act (in short NI Act) against the petitioner herein. Such complaint eventually resulted in conviction of the petitioner and in relation to the present complaint case i.e. Complaint Case No. 9978/2016, he was held guilty and convicted vide order dated 30.06.2023.

3. Order on sentence was passed by learned Trial Court on 25.08.2023 whereby he was sentenced to undergo simple imprisonment for a period of six months. Besides, he was also directed to pay compensation of double of the cheque amount. Since the cheque amount was Rs.45,000/-, he was directed to deposit compensation of Rs.90,000/-. It was also ordered that in default

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