CRL.M.C.--5210/2019. Case: RAM LAKHAN SHARMA Vs. THE STATE OF NCT OF DELHI & ANR. High Court of Delhi (India)
| Case Number | CRL.M.C.--5210/2019 |
| Citation | NA |
| Judgement Date | October 14, 2019 |
| Court | High Court of Delhi (India) |
$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:
+ CRL.M.C. 5210/2019
RAM LAKHAN SHARMA ..... Petitioner
Through Mr.Pramod Tyagi, Adv.
versus
THE STATE OF NCT OF DELHI & ANR ..... Respondents Through Mr. Hirein Sharma, APP for State.
Mr.Farahim Khan, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL) Crl. M.A. 38046/2019
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Allowed, subject to all just exceptions.
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Application is disposed of.
Crl.M.C.5210/2019 & Crl.M.(Bail) 1791/2019
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Vide the present petition, the petitioner seeks direction to quash/ aside the impugned Judgment dated 04.10.2019, passed by Sh. Mendiratta, Ld. District and Session Judge, North-East, Karkardooma Courts, Delhi, in C.A. Bearing No. 70/2019, title as "Ram Lakhan Versus Rambeer Singh" and judgment dated 06.06.2019 and order
sentence dated 28.06.2019, passed by Sh. Devender Kumar Garg, Ld. CMM, North-East, Karkardooma Courts, Delhi, in complaint case bearing 179/2016, under section 138 of NI Act.
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The brief facts of the case are that the petitioner/convict requested the complainant/respondent No.2 for loan of Rs. 4,00,000/- to solemnise marriage of his daughter. He could not repay the loan and in discharge his legal liability, the petitioner/convict issued one post dated bearing no.000017, dated 20.07.2016, drawn on Bank of Baroda,
Nagar, Delhi for Rs.4,00,000/- in favour of complainant/respondent The petitioner also executed an acknowledgement of aforesaid transaction and handed over to respondent No.2, the said cheque presented for encashment before the bank of respondent No.2 and the was returned unpaid with remarks "Payment stopped by drawer". Thereafter, after completion of statutory requirement, respondent no.2 filed and after trial, the Ld. Trial Court convicted and sentenced the petitioner pay an amount of Rs.4,00,000/- with interest at the rate of 9% p.a.
21.07.2016. He further suffered SI for 6 months and a sum of and imposed litigation charges of Rs.5,000/- vide order dated 28.06.2019.
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Being aggrieved, the petitioner appealed before the Appellate
and the same was also dismissed on 04.10.2019.
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The present petition has been filed on the ground that the and respondent no.2/complainant has settled their disputes and pursuant the settlement, the petitioner has paid an amount of ₹3 lacs which has accepted by respondent no.2/complainant without any protest.
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The complainant/respondent no.2 is present in person with counsel and has produced Voter I-Card...
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