Karan Soni v. Gaurav Goel (SC)

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Karan Soni v. Gaurav Goel (SC)
(2022) Law Today Live Doc. Id. 17138 = 2022(2) L.A.R. 428

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Supreme Court of India

Before: Sanjiv Khanna & Bela M. Trivedi, JJ.

Criminal Appeal No………. of 2022
(@SLP(Crl.) No(s). 3513 of 2019)
(@M.A Diary No(s). 11083 of 2022)

Decided on: 08.08.2022

Karan Soni - Appellant

Versus

Gaurav Goel - Respondent

For Petitioner(s):

Mr. Yashwant Singh Yadav, Adv. Mr. Anubhav, Adv. Mr. Vijay Pal, Adv. Ms. Preeti Yadav, Adv. Mr. M.A. Karthik, Adv. Mr. Amit Kumar, Adv. Mr. Aniruddha Singh R, Adv. Mr. Sanchit Jain, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Bhaskar Y. Kulkarni, AOR

For Respondent(s):

Mr. Aditya Dhawan Adv Ms. Kiran Dhawan, Adv. Mr. Chander Shekhar Ashri, AOR

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Constitution of India, Article 136 -- Conviction u/s 138 of NI Act -- Upheld by Supreme Court – Compromise/ Settlement between parties – Recalling of order -- In view of the statement made and as full payment has been made along with compensation, order recalled and the special leave petition restored to its original number – Leave granted, impugned order upholding the conviction of the appellant would be treated as settled and compounded -- Appeal allowed.

(Para 2-7)

ORDER

M.A. Diary No. 11083 of 2022

1. Delay condoned.

2. It is stated that the amount of Rs. 2,00,000/- (Rupees Two Lakh Only) has been paid to the respondent/ complainant. Learned counsel for the respondent/ complainant states that in view of the payment received, the application for recall of the order dated 7th March 2021 may be allowed.

3. In view of the statement made and as full payment has been made along with compensation of Rs. 2,00,000/- (Rupees Two Lakh Only), we recall the order dated 7^th March, 2021, and the special leave petition is restored to its original number.

4. The Miscellaneous Application stands disposed of.

Special Leave Petition (Criminal) No. 3513 of 2019

5. For the reasons recorded above, we grant leave.

6. In view of the settlement/compromise between the parties, we set aside the impugned order dated 2^nd November, 2018 upholding the conviction of the appellant for the offence under Section 138 of the Negotiable Instruments Act, 1881, which would be treated as settled and compounded.

7. The appeal is allowed.

8. Pending application(s), if any, shall stand disposed of.

Appeal allowed.

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