Delhi District Court
Mrs. Mallika Das vs The State (Nct Of Delhi) on 22 August, 2017
IN THE COURT OF DR. SATINDER KUMAR GAUTAM,
SPECIAL JUDGE;NDPS SOUTH DISTRICT, SAKET
CR No. 242/2017
CNR No. DLST010050822017
CC No. 996/2017
Mrs. Mallika Das ..........revisionist no. 1
w/o Sh. Samir Das
Director for M/s jan Ahar pvt ltd.
R/o J29, Dilshad Colony, Delhi 95
Kuldeep Chaudhary ..........revisionist no. 2
Driector for M/s Jan Ahar Pvt ltd.
R/o 89B, sanjay Nagar, SEO23,
M VTAK, Kavi Nagar
Ghaziabad, Uttar Pradesh - 2011002
Both at 486/1 1st Floor, Opposite Dilshad Garden
Metro Station, Grand Trunk Road, Shahdara, Delhi - 95
versus
The State (NCT of Delhi) ..........respondent no. 1
M/s Sukhbir Agro Energy Ltd. ..........respondent no. 2 At A16, Ground Floor, Narain House, Green Park, New Delhi 16 A N D CR No. 243/2017/2016 CNR No. DLST010050832017 CC No. 349/2017 Kuldeep Chaudhary ..........revisionist Director for M/s Jan Ahar Pvt Ltd.
R/o 89B, Sanjay Nagar, SEO23, M VTAK, Kavi Nagar, Ghaziabad, UP Mrs. Mallika Dass & anr. Vs State & anr. (CR No. 242/2017) page no. 1 of 5 Kuldeep Chaudhary vs State & ors. (CR No. 243/2017) versus State ..........respondent no. 1 M/s Sukhbir Agro Energy Ltd. ..........respondent no. 2 At A16, Ground Floor, Narain House, Green Park, New Delhi - 16 Date of filing of revision petition : 14th July 2017 Date of order : 22nd August 2017 O R D E R
1. This order shall dispose off the two separate Criminal Revision Petitions No. 242/2017 and 243/2017 filed u/s 399 r/w 400 Cr. PC arising out of Complaint Case No. 996/17 and 349/17 u/s 138 Negotiable Instruments Act (hereinafter referred as NI Act), PS Safdarjung Enclave
2. The revision petition No. 242/2017 is preferred by revisionists Mrs. Mallika Dass and Sh. Kuldeep Chaudhary against the orders dated 21.02.2017 and 18.04.2017 passed by Ld. Metropolitan Magistrate in CC No. 996/2017 whereby directed the revisionist to be summoned as accused, for imposing cost and for not discharging from accusation.
3. The revision petition no. 243/2017 is preferred by revisionist Kuldeep Chaudhary against the orders dated 24.01.2017 and 18.04.2017 passed by Learned Metropolitan Magistrate in CC NO. 349/2017 directed the Mrs. Mallika Dass & anr. Vs State & anr. (CR No. 242/2017) page no. 2 of 5 Kuldeep Chaudhary vs State & ors. (CR No. 243/2017) revisionist to be summoned as accused, for imposing cost and for not discharging from accusation.
4. The complaint case filed on 17.01.2017 and the matter was listed for 24.01.2017 for filing Form 32 of accused company and consideration. On 24.01.2017, Evidence by way of Affidavit (presummoning) was filed by CW1 and tendered. Presummoning evidence was closed. Form DIR 11, Form DIR 12 and company master date were placed on record. Arguments on summoning heard. It is observed by Learned Metropolitan Magistrate that the cheque in question was issued in favour of the complainant by the accused towards discharge of his liability. The said cheque was dishonoured/returned unpaid on presentation. Legal Notice was issued and served upont he accused in the ordinary course. The grievance of the complainant was that the accused has not made the payment against the cheque within the stipulated period despite service of legal notice. It was observed that "there are sufficient grounds for proceeding against all the accused, therefore, let they be summoning on filing of PF through RC/Speed post" and matter was listed for 18.04.207. On 18.04.2017, trial Court issued BWs against the accused no. 3 in the sum of Rs. 5,000/ to be executed through SHO concerned and exemption application filed on behalf of accused no. 2 was allowed subject to cost of Rs. Mrs. Mallika Dass & anr. Vs State & anr. (CR No. 242/2017) page no. 3 of 5 Kuldeep Chaudhary vs State & ors. (CR No. 243/2017) 500/ to be paid to the complainant.
5. Aggrieved with orders dated 24.01.2017; 21.02.2017 and 18.04.2017, present revision petition was filed.
6. In pursuance of the revision petition against the orders dated 18.04.2017 and 24.01.2017, notice was issued to the respondent/complainant.
7. During the adjudicating of the matter, it is submitted that the matter can be amicably resolved in the Mediation Center, Saket Courts. On joint request, matter was referred to the Mediation Center, Saket Courts, New Delhi.
8. It is submitted that parties have settled the matter in full and finally before the Judge Incharge, Mediation Center, Saket Court on 10.08.2017 in the terms and conditions as mentioned in the Settlement Deed sum Mediation Order dated 10.08.2017 which is Ex. CW1/A Statement of Sh. Sudhakar Mudgil Ld. Counsel for revisionists as well as Sh. Jitender Yadav AR of respondentM/s Sukhbir Agro Energy Ltd. has been recorded separately to this effect. Settlement order dated 10.08.2017 Ex. CW1/A has been received from Mediation Center, Saket which has been duly signed by the counsel for revisionist as well as AR of respondent and his counsel.
9. In terms of settlement order dated 10.08.2017, revisionist has handed over the first nine PDCs bearing no. 004284 to 004292 amounting to Mrs. Mallika Dass & anr. Vs State & anr. (CR No. 242/2017) page no. 4 of 5 Kuldeep Chaudhary vs State & ors. (CR No. 243/2017) Rs. 2,00,000/ (Rs. Two lacs only) each from August 2017 till April 2018 to respondentM/s Sukhbir Agro Energy Ltd. in the mediation center. The tenth cheque bearing no. 004293 for balance remaining amount to Rs. 2,78,324 for the month of May 2018 has already been handed over to respondentM/s Sukhbir Agro Energy Ltd. in the mediation center. The first cheque bearing no. 004284 in the sum of Rs. 2,00,000/ has already been encashed.
10. Accordingly, in view of settlement, revision petitions stand disposed of as satisfied. Copy of this order alognwith the copy of Mediation Settlement Deed dated 10.08.2017 vide Ex. CW1/A be sent to the trial Court for information and necessary compliance in order to consider the settlement arrived at Mediation Center in both the Complaint Cases M/s Sukhbir Agro Energy Ltd. Vs M/s Jan Adhar pvt Ltd. & ors. (CC No. 996/17 and 349/17).
11. Revision files be consigned to record room, after compliance of all other necessary formalities. Copy of this order be filed in connected file.
(announced in the (Dr. Satinder Kumar Gautam) open Court on Special Judge (NDPS)/ASJ nd 22 August 2017) South District: Saket Mrs. Mallika Dass & anr. Vs State & anr. (CR No. 242/2017) page no. 5 of 5
Kuldeep Chaudhary vs State & ors. (CR No. 243/2017)