Mr. Arjun Anand, Ms. Priyam Wadhawan and Mr. Antriksh Tiwari, Advocates v. M/S MAHADEV ENTERPRISES

Through: Mr. Arjun Anand, Ms. Priyam Wadhawan and Mr. Antriksh Tiwari, Advocates versus M/S MAHADEV ENTERPRISES .....Respondent Through: None CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA % O R D E R 20.03.2025 CRL.M.A. 8237/2025 (review of order dated 12.03.2025)

1. By way of present application, the applicant/revisionist seeks to review the order dated 12.03.2025 passed by this Court; to rectify the clerical error occurred in the said order and to direct the Jail Superintendent concerned to release the applicant herein from the judicial custody. 2. The Court9s attention has been drawn to the fact that the present petitioner was convicted in five different cases, however, in the order dated

12.03.2025, the details of only one case have been mentioned. 3. 4. The order dated 12.03.2025 shall now read as under: For the reasons stated in the application, the same stands allowed. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/03/2025 at 17:43:17 the respondent and had paid The learned counsel appearing for the parties inform this Court Issue notice. The learned counsel appearing on behalf of “CRL.REV.P.(NI) 63/2025, CRL.M.(BAIL) 470/2025, CRL.M.A. 3. By way of this petition, the petitioner seeks setting aside of the judgment dated 31.01.2025 passed by the learned ASJ (FTC-I), Tis Hazari Courts, Delhi in CA No. 222/2019, 223/2019, 224/2019, 225/2019 and 226/2019 whereby judgments dated 04.04.2019 passed by learned MM-04 (NI Act), Central District, Tis Hazari Courts, Delhi in CC No. 525014/2016, CC No. 524868/2016, CC No. 524869/2016, CC No. 524871/2016 and CC No. 522010/2016 respectively, were upheld. 4. respondent accepts notice. 5. that the petitioner is running in judicial custody in the present case. 6. Brief facts, as discernable from the material on record, are that on 11.03.2014, as alleged, the petitioner herein had purchased dry fruits worth Rs. 10,01,669/- from consideration amount in cash. On 13.03.2014, the petitioner had purchased dry fruits worth Rs. 25,14,073/- and had paid consideration amount in cash. From 17.03.2014 to 19.03.2014, the respondent had sold dry fruits worth Rs. 85,00,000/- to the petitioner and against the said sale, the petitioner had given cheques of Rs. 10,00,000/- each bearing No. 744001-744005, drawn on State Bank of India, Branch Chandni Chowk, Delhi. On 19.03.2014, the respondent had presented the alleged cheques in his bank namely IDBI Bank Ltd, Chandni Chowk, Delhi for realization. However, the said cheques were returned as the same were dishonored with the reason <Payment Stopped by Drawer= as mentioned on the memo given by the respondent9s bank. 7. However, it is stated that during the pendency of the present petition, both the parties have arrived at an amicable settlement, voluntarily. 8. On a query made by this Court, respondent, who has been identified by his counsel, has categorically stated that he has agreed to compromise out of his own free will and without any pressure, coercion or threat. Further, it is also stated by respondent no. 2 that the entire This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/03/2025 at 17:43:17 It is also a settled law that offence under Section 138 of NI Act dispute has been amicably settled/compromised between the parties and the respondent has received an amount of Rs. 25,00,000/- (By way of Five Different Demand Drafts of Rs.5,00,000/- each, drawn on Bank of India) and therefore, respondent has no objection if the said cases under Section 138 of N.I. Act are quashed. 9. In the case at hand, the parties have amicably resolved their differences on their own free will, and without any coercion, and thus, no useful purpose will be fulfilled by continuing the proceedings, rather the same would create further acrimony between them. 10. can be settled and compounded at any stage under Section 147 of NI Act, and when a person is allowed to compound the offence, his conviction can be set aside [See Damodar S. Prabhu v. Sayed Babalal H.: (2010) 5 SCC 663; K.M. Ibrahim v. K.P. Mohammed & Ors (2010) 1 SCC 798; Vinay Devanna Nayak v. Ryot Sewa Sahakari Bank Ltd. (2008) 2 SCC 305]. Since the matter has been settled between the parties and petitioner has cleared all his dues towards respondent, there is no legal impediment in allowing the present petition. 11. Accordingly, judgments dated 31.01.2025 passed by the learned ASJ (FTC-I), Tis Hazari Courts, Delhi in CA No. 222/2019, 223/2019, 224/2019, 225/2019 and 226/2019 are set aside. The judgments dated 04.04.2019 passed by learned MM-04 (NI Act), Central District, Tis Hazari Courts, Delhi in CC No. 525014/2016, CC No. 524868/2016, CC No. 524869/2016, CC No. 524871/2016 and CC No. 522010/2016 are also set aside. 12. case. 13. Accordingly, the present petition along with pending applications stands disposed of. 14. Copy of this order be forwarded to the Jail Superintendent concerned.= The petitioner be released forthwith, if not required in any other

5. 6. The application stands disposed of. Copy of this order be forwarded to the Jail Superintendent concerned. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/03/2025 at 17:43:17

7. A copy of this order be given dasti under the signature of Court Master. 8. The order be uploaded on the website forthwith. MARCH 20, 2025/ns DR. SWARANA KANTA SHARMA, J Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/03/2025 at 17:43:17