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Rajasthan High Court · body

2016 DIGILAW 466 (RAJ)

Mohd. Farukh Khan v. State of Rajasthan

2016-03-31

M.N.BHANDARI

body2016
JUDGMENT : M.N. Bhandari, J. Heard on the application for release of amount deposited by the petitioner through demand draft. 2. Learned counsel for the petitioner submits that entire amount of compensation has been deposited by the petitioner, thus, order of the court for payment of amount has been satisfied. In view of the aforesaid fact and as agreed by the complainant to treat it to be a settlement of entire amount paid, the order passed against the petitioner may be set aside by compounding the offence. 3. Learned counsel for the respondent No.2 submits that the amount of Rs. 1,40,000/- has earlier been paid and remaining amount of Rs. 1,40,000/- has been deposited in the trial court through demand draft, however, the amount has not been received by the complainant, as yet. If the amount aforesaid is released and is taken in satisfaction to the order passed by the trial court then he need not to press for sentence of the petitioner and the offence under Section 138 of the Negotiable Instruments Act may be compounded. 4. I have heard the learned counsel for the parties. 5. Out of total sum of Rs. 2,80,000/-, a sum of Rs. 1,40,000/- was earlier paid to the respondent No. 2 and, for remaining amount, a demand draft has already been submitted by the petitioner so that it may remain in satisfaction of the amount so awarded by the trial court and also for settlement between the parties. The aforesaid was agreed by the complainant and, accordingly, the amount of Rs. 2,80,000/- became payable to the respondent No.2 and, out of which, he has already received Rs. 1,40,000/-. The draft of remaining amount prepared in the name of complainant would be released by the trial court immediately. The petition is not pressed now against the order for award of sum of Rs. 2,80,000/- thus the challenge to that extent is considered and now it has been taken to be in settlement between the parties. In view of aforesaid, offence under Section 138 of Negotiable Instruments Act, 1881 is compounded. The trial court would release the demand draft in favour of the respondent No.2-complainant immediately and if the demand draft has been sent to this court along with the record, then Deputy Registrar (Judicial) of this High Court would release the demand draft in favour of the respondent. The bail bonds are discharged. 6. The trial court would release the demand draft in favour of the respondent No.2-complainant immediately and if the demand draft has been sent to this court along with the record, then Deputy Registrar (Judicial) of this High Court would release the demand draft in favour of the respondent. The bail bonds are discharged. 6. With the above modification in the order of the court below, the revision petition stands disposed of. The misc. application also stands disposed of.