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2019 Supreme(Online)(DEL) 2861

HIGH COURT OF DELHI
RAJKUMAR KUCHHAL – Appellant
Versus
ASIAN CARGO MOVERS & ANR – Respondent


ORDER (ORAL)

1. The petitioner had instituted two criminal complaint cases (CC Nos.20042/2016 and 18609/2016) against party respondents in these petitions alleging offences under section 138 of the Negotiable Instruments Act, 1881 having been committed by failure to make the payment of the requisite amounts pursuant to notices on demands that had been issued by the said parties in the wake of return of cheques by the bank upon presentation. It appears that on the basis of pre- summoning inquiry, the respondents herein were summoned as accused in the said two criminal cases. It further appears that midway the proceedings in the criminal complaints, parties entered into settlement agreement in Delhi Mediation Cell on 26.11.2016, the terms whereof would read thus:-

“1) The matters have been amicably settled between the parties for a total sum of Rs.16,00,000/- (Rupees Sixteen Lac Only) in full and final settlement of the present cases. 2) The settlement amount of Rs.16,00,000/- (Rupees Sixteen Lac Only) shall be paid by the accused/respondent to the complainant by way of sixteen post dated cheques of Rs.1,00,000/- (Rupees One Lac Only) each of Punjab National Bank, SME Br., Industrial

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