Delhi District Court
Saurabh Jain vs M/S Tdi Marketing Pvt on 25 November, 2021
1
IN THE COURT OF MS. NEELOFER ABIDA PERVEEN
ADDL. SESSIONS JUDGE : (CENTRAL DISTRICT)
TIS HAZARI COURT:DELHI
Decided on: 25.11.2021
Criminal Appeals No.45/21 & 46/21
In the matter of:
Saurabh Jain
C/o M/s Enkay Foam Pvt. Ltd.
8/5777, Dev Nagar, Karol Bagh,
Delhi
Also at
Village Khekra, Delhi
Bagpat Road, Distt. Meerut,
Uttar Pradesh. .....Appellant
Versus
M/s TDI Marketing Pvt.
Registered Office at
D1, M3, Virat Bhawan,
Dr. Mukherjee Nagar,
Commercial Complex, Delhi110009
Through its Director
Sh. Sanjay Gupta .....Respondent
And
2
C. A. No. 49/2021 & 51/2021
In the matter of:
Promila Jain
C/o M/s Enkay Foam Pvt. Ltd.
8/5777, Dev Nagar, Karol Bagh,
Delhi
Also at
Village Khekra, Delhi
Bagpat Road, Distt. Meerut,
Uttar Pradesh. .....Appellant
Versus
M/s TDI Marketing Pvt.
Registered Office at
D1, M3, Virat Bhawan,
Dr. Mukherjee Nagar,
Commercial Complex, Delhi110009
Through its Director
Sh. Sanjay Gupta .....Respondent
JUDGMENT
This judgment shall dispose of four connected appeals against judgment dated 25.09.2020 and order on sentence dated 27.02.2021 passed by the Court of Ms. Sakshi Jaiswal, Ld. MM05, NI Act, Central, Tis Hazari Court, Delhi in complaint case no. 525643/16, 513439/2016, 525643/2016 and 513439/2016.
32. The appellants Surabh Jain and Promila Jain have been convicted for the offence punishable under Section 138 of NI Act, 1881 vide the impugned judgment dated 25.09.2020 and vide order on sentence dated 27.02.2021, sentenced as under :
1. In C. C. No. 513439/2019 to undergo SI for a period of three months and pay fine of Rs.1,50,000/ and in default to further undergo SI for three months.
2. In C. C. No. 513439/2019 to undergo SI for a period of three months and pay fine of Rs.1,50,000/ and in default to further undergo SI for three months.
3. In C. C. No. 525643/2019 to undergo SI for a period of three months and pay fine of Rs.8,00,000/ and in default to further undergo SI for three months.
4. In C. C. No. 525643/2019 to undergo SI for a period of three months and pay fine of Rs.8,00,000/ and in default to further undergo SI for three months.
3. Today, Parties submit that they have submitted that they have settled their dispute in Criminal Appeals No.45/21, 46/21, 49/2021 & 51/21 in the course of the Mediation proceedings vide settlement dated 22.11.2021 Ex P1. Joint 4 statement of the appellants and respondent - complainant have been recorded separately and appellants have handed over following demand drafts to the respondentcomplainant amounting to Rs.21,20,000/:
1.DD No. 502897 dated 27.09.2021 for Rs.1,60,000/;
2.DD No. 502925 dated 24.11.2021 for Rs.6,80,000/;
3.DD No. 502924 dated 24.11.2021 for Rs.6,80,000/;
4.DD No. 502899 dated 27.09.2021 for Rs.1,60,000/;
5.DD No. 502922 dated 24.11.2021 for Rs.1,90,000/;
6.DD No. 502900 dated 27.09.2021 for Rs.30,000/;
7.DD No. 502923 dated 24.11.2021 for Rs.1,90,000/;
8.DD No. 502898 dated 27.09.2021 for Rs.30,000/. All in favour of TDI Marketing Pvt. Ltd. drawn on ICICI Bank. Copies of the Demand Drafts are Ex P2 to Ex P9.
That appellants have no objection if the following Demand Drafts deposited by the appellants in terms of order dated 23.03.2021 towards 20% of the compensation amount, available on Court record, are released to the respondent complainant:
1.DD No. 053910 dated 28.09.2021 for Rs.30,000/;
2.DD No.053911 dated 28.09.2021 for Rs.1,60,000/;
3.DD No.053912 dated 28.09.2021 for Rs.1,60,000/;
4.DD No.053913 dated 28.0.2021 for Rs.30,000. All in favour of TDI Marketing Pvt. Ltd. drawn on Standard Chartered Bank. Copies of the Demand Drafts are Ex P10 to Ex P13.
54. In view of the settlement and in view of the statement recorded separately, the present appeals are disposed of as settled. The judgment of conviction dated 25.09.2020 and order of sentence dated 27.02.2021 is set aside and accused appellants stands acquitted in the present case.
5. Trial Court record be returned alongwith copy of the judgment. Appeal files be consigned to Record Room.
Announced in the open Court on this 25th day of November, 2021 (Neelofer Abida Perveen) Additional Sessions Judge : (Central) Tis Hazari Court:Delhi