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2024 Supreme(Online)(DEL) 8330

HIGH COURT OF DELHI
SMT. NISHA DEVI – Appellant
Versus
SHRI GUR KIRPAL SINGH @ GUDDU – Respondent


J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) read with Article 227 of the Constitution of India has been preferred on behalf of the petitioner challenging order dated 19.12.2020 passed by learned MM-06, Patiala House Courts, New Delhi, in Complaint Case No. 49784/2016 titled as Nisha Devi vs. Guru Kirpal Singh @ Guddu, in proceedings under Section 138 NI Act, whereby, an application preferred on behalf of the petitioner/complainant under Section 421 read with Section 431 Cr.P.C. seeking issuance of warrant of attachment and initiating contempt proceedings against the respondent/accused for willful default and breach of settlement order and undertaking was dismissed.

2. In brief, as per the case of petitioner, in proceedings under Section 138 NI Act, respondent (who was summoned as an accused) expressed his intention to compromise the matter and offered to settle the disputes by making payment of Rs. 1.20 crore against original liability of Rs. 1.10 crore. The same was agreed by the petitioner/complainant and a statement/undertaking of the respondent was recorded vide order dated 09.11.2020 by learned MM. A

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