JAKIR MAILK vs VIVEK MISHRA

Judgment text excerpt

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th April, 2026 + CRL.REV.P.(NI) 134/2026 & CRL.M.A. 12054/2026 JAKIR MAILK .....Petitioner Through: Mr. Javed Ahmad, Ms. Aakriti Aditya and Mr. Deepanshu Tyagi, Advocates. versus VIVEK MISHRA .....Respondent Through: Mr. Jatin Chaunwal, Advocate (through V.C.). CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondent-Mr. Vivek Mishra filed a Complaint Case No.11081/2022 under Section 138 of Negotiable Instruments Act, 1881 against the revisionist herein. Such complaint was allowed and the revisionist was directed to undergo simple imprisonment for a period of six months and to pay fine equivalent to Rs.4,25,000/-. 2. The cheque amount was Rs.3,50,000/-. 3. The abovesaid conviction and order on sentence was challenged by the revisionist by filing an appeal before the learned Sessions Court and such appeal i.e. Crl.A. 152/2024 was dismissed by the learned Sessions Court on 30.03.2026 and while dismissing the appeal, the order on sentence was also affirmed and the revisionist was directed to surrender before the learned Trial Court on 07.04.2026 to undergo the sentence. 4. The learned counsel for the revisionist submits that the revisionist surrendered before the learned Trial Court on the same day i.e. 07.04.2026 Signature Not Verified Signed By:SONIA CRL.REV.P.(NI) 134/2026 1 THAPLIYAL Signing Date:20.04.2026 19:33:37 and is in custody since then. He, however, submits that after the appeal was dismissed, both the parties entered into settlement and as per such Settlement Deed dated 03.04.2026, the revisionist has agreed to make the entire payment of Rs.4,25,000/- to the complainant i.e. respondent and a sum of Rs.1,60,000/- was paid to him on 03.04.2026 and the balance amount of Rs.2,6