HIGH COURT OF DELHI
HON'BLE MR. JUSTICE DHARMESH SHARMA
SH. RAJPAL NAURANG YADAV & ANR. – Appellant
Versus
M/S. MURLI PROJECTS PVT. LTD. & ANR. – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The court has the discretion to suspend the sentence and permit the parties to seek an amicable settlement, even if the case's merits do not justify interference with the conviction (!) (!) .
The petitioners filed a request under Sections 397 and 401 of the Criminal Procedure Code to quash a conviction under Section 138 of the Negotiable Instruments Act, which was upheld by a lower court (!) .
The court found no grounds to interfere with the merits of the conviction but decided to suspend the sentence, considering the petitioners were not hardened criminals and had already served imprisonment in related civil proceedings (!) (!) .
The conditions for suspension include the petitioners submitting a personal bond and actively exploring an amicable settlement with the complainant (!) .
The court emphasized the importance of genuine efforts toward settlement and scheduled further proceedings, including a mediation session and a future hearing date (!) (!) .
The petition was allowed, with the suspension of the sentence subject to the specified conditions, and notices were to be issued to the respondent for further proceedings (!) (!) .
The court also ordered the nominal rolls from jail to be requisitioned and steps to serve notice upon the respondent for upcoming dates (!) .
Please let me know if you need any further analysis or assistance.
ORDER
1. Allowed, subject to all just exceptions.
2. The applications shall stand disposed of.
CRL.REV.P. 797/2024 & CRL.M.A. 18593/2024 (For Stay)
3. The present petition has been preferred by the petitioner under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 seeking to quash/set aside the impugned common judgment dated 21.01.2019 passed by the learned Special Judge (PC Act), East District, Karkardooma Court, Delhi in CR.REV.No. 57/2018 in CC No. 832/13 (New No. 53827/16), whereby, the common judgement of conviction dated 13.04.2018 was upheld against the petitioners, passed by the learned Trial Court, Additional Chief Metropolitan Magistrate (East) Karkardooma Courts, Delhi. It is further prayed that the impugned common judgement of conviction dated 13.04.2018, against the petitioners under Section 138 of the Negotiable Instruments Act, 1881, passed by the Additional Chief Metropolitan Magistrate (East) Karkardooma Courts, Delhi in criminal complaint bearing CC NO. 832//13 (New No. 53827/16) be set aside.
4. None appeared for respondent No. 1, despite advance notice.
5. Mr. Satinder Singh Bawa, learned APP has appeared on behalf of the State/respondent No. 2
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