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2019 DIGILAW 549 (SC)

Santosh Kumar Singh v. Brijesh Kumar

2019-02-08

ASHOK BHUSHAN, K.M.JOSEPH

body2019
ORDER 1. Leave granted. 2. Heard counsel for the appellant as well as learned counsel appearing for the contesting respondent. 3. This appeal has been filed against the judgment of the High Court dated 12.09.2018 in Criminal Appeal No.405 of 2017. 4. The respondent has filed a complaint under Section 138 of the Negotiable Instruments Act against the appellant which was dismissed by learned Magistrate by its order dated 12.10.2015. In the criminal appeal, the High Court vide order dated 12.09.2018 reversed the acquittal order and convicted the appellant and awarded sentence on 18.12.2018 to the following effect: "Appeal is listed for hearing of the parties on order on sentence. Learned counsel for the appellant submits that the respondent has good businesses. He is running a restaurant also. Despite the liability to pay the respondent has not given him the cheque amount. Learned counsel for the respondent on the contrary submits that the respondent is the only bread earner and has two children to look after. The cheque which was dishonoured was for a sum of Rs.14,40,000/-. Having heard learned counsel for the parties this Court deems it fit to sentence the respondent to rigorous imprisonment for a period of six months and to pay a fine of Rs.2 lakhs in default whereof to undergo simple imprisonment for two months. The fine amount if recovered would be paid as compensation to the appellant. Besides the fine amount in default whereof the respondent would undergo the sentence, the appellant is also awarded a compensation for a sum of Rs.5 lakhs to be paid by the respondent, and if not paid the same will be recoverable from the respondent. Respondent who is present in Court be sent to custody to undergo the sentence. Appeal is disposed of. Copy of the order dasti under the signature of the Court Master to the respondent and Standing Counsel (Crl) GNCT Delhi." 5. Learned counsel for the appellant submitted that after the conviction, the appellant was taken into custody and he is in jail for about 53 days. He further submitted that after the order of the High Court, the parties have entered into a settlement. Copy of the deed of settlement dated 21.01.2019 has been brought on record, signed by both the parties. 6. He further submitted that after the order of the High Court, the parties have entered into a settlement. Copy of the deed of settlement dated 21.01.2019 has been brought on record, signed by both the parties. 6. Learned counsel for the respondent has also submitted that settlement has taken place between the parties for a sum of Rs.7 lakhs. He submitted that in view of the settlement dated 21.01.2019, the grievance of the respondent has been met. 7. The High Court having convicted the appellant for offence and subsequently the parties having settled the dispute, for an amount of Rs.7 lakhs, we are of the view that ends of justice will be served by modifying the judgment of the High Court by affirming the conviction and reducing the sentence with sentence already undergone by the appellant. 8. In view of the above, the appellant shall be released from custody. The appeal is disposed of accordingly.