* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 55/2010 RAJESH BENT WAL Petitioner Through Mr. Mukesh Birla, Adv. versus STATE & ANR Respondent Through Mr. Ravinder Kr. Sharma, Adv. for R-2. CORAM: . HON'BLE MS. JUSTICE MUKTA GUPTA % By the present revision petition the Petitioner challenges the order dated 61h May, 2009 in CC No. 60/1 convicting him for offence under Section 138 Negotiable Instruments Act (in short N.J. Act) and order on sentence dated 30th May, 2009 directing him to undergo Simple Imprisonment for six months and to pay compensation of Rs. 90,000/ 7 and in 0 default of payment of compensation to undergo Simple Imprisonment for one month and the judgment of the learned Special Judge dated 16th1 January, 2010 and 27th January, 2010 upholding the conviction and directing the Petitioner to undergo Simple Imprisonment for three months and to pay compensation of Rs. 90,000/- and in default of payment of compensation to CRL.REV.P. 5512010 page 1 of 3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified further undergo Simple Imprisonment for three months. The Respondent No.2 the complainant is present in Court and is identified by the learned counsel. He states that he has settled the matter and in view of the settlement arrived at between the parties he does not want to pursue the above-mentioned complaint against the Petitioner which has culminated in his conviction. He states that as part of settlement he has received a sum of Rs. 5 lakhs for settlement of the abovementioned complaint and the other complaint between the parties under Section 138 N.J. Act wherein also the Petitioner has been convicted and has since been withdrawn. In view of the settlement arrived at between the parties no useful purpose would be served in directing the Petitioner to undergo the sentence as awarded by the Learned Trial Court and upheld by the Learned Special Judge. Consequently the impugned judgments dated 6th and 301h May, 2009 and 16th1 and 271h January, 2010 passed by the Learned Metropolitan Magistrate and Learned Special Judge convicting and sentencing the Appellant for offence under Section 138 N.I. Act in CC No. 60/1 are set aside. CRL.REV.P. 5512010 page 2 of 3 10 ar~L --~ . , TP/MwA.s 19 SuIrnQ,'i) jL I' '-•2_ Ls44,.Jq4. Learned counsel for the Petitioner submits that compensation amount of Rs. 90,000/- as directed had been deposited with the Learned Trial Court and the same be released in his favour. Respondent No.2 has no objection to it. Learned Trial Court is directed to release the same in favour of the Petitioner along with the interest if any that has accrued thereupon. Parties have signed this order sheet in acknowledgment of their statements made before this Court. The petition is disposed of. Order dasti. MUKTA GUPTA,J DECEMBER 13, 2011 'ga' CRL.REV.P. 5512010 page 3 of 3