MANOHAR LAL vs THE STATE (GOVT. OF NCT OF DELHI) & ANR.

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:3rd February, 2025 + CRL.M.C. 2931/2018 MANOHAR LAL S/o Sh. Tillu Ram .....Petitioner Through: Mr. Vijay Kinger, Mr. Ashwani Gehlot and Ms. Roopa Nagpal, Advocates. versus 1. THE STATE (GOVT. OF NCT OF DELHI) ..Respondent No.1 2. Sh. ANIL KUMAR GUPTA ..Respondent No.2 Through: Ms. Meenakshi Dahiya, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C’) has been filed on behalf of the Petitioner, Manohar Lal, for quashing of the Order dated 17.03.2018 passed by the learned ASJ, who has declined to initiate the contempt proceedings against the Respondents, for breach of a Settlement dated 04.12.2015, in Complaint Case under Section 138 of the Negotiable Instrument Act, 1881 Signature Not Verified CRL.M.C. 2931/2018 Page 1 of 4 Digitally Signed By:VIKAS ARORA Signing Date:12.02.2025 17:12:47 (for short ‘N.I. Act’). 2. It is submitted in the Petition that the Petitioner had filed the Complaint under Section 138 of the N.I. Act, in respect of 07 cheques for a total sum of Rs.41,00,000/- vide CC No. 142/2015. During the pendency of the case, with the intervention of common friends, the parties entered into a Memorandum of Understanding (MOU) dated 04.12.2015. As per the terms of the Settlement, the cheques amount were of total Rs.41,00,000/- but under the Settlement, the parties had agreed for payment of Rs.27,00,000/-. It was further agreed that in case of default, a penalty of Rs.20,00,000/- shall be paid. The parties i.e. the Petitioner and the Respondent gave statements in the Court on 07.12.2015, confirming the Settlement and also that they shall remain bound by the