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2026 DAILYLAW 19618 (DEL)

SAHIBJI TRAVELS AND TOUR PVT LTD & ORS. v. PEARL INTERNATIONAL TOURS AND TRAVELS PVT LTD

CRL.M.C./7061/2026 · 2026-09-22

Sachin Datta

body2026

Judgment text

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CRL.M.C. 7061/2026 & CRL.M.C. 7062/2026 Page 1 of 5 $~41 and 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI % # CNR No.DLHC010452202026 Date of Decision: 22.09.2026 + (41) SAHIBJI TRAVELS AND TOUR PVT LTD & ORS .....Petitioners CRL.M.C. 7061/2026, Crl.M.A.29487/2026, Crl.M.A.29486/2026 Through: Mr. Anuj Arora and Mr. Dayanand, Advs. versus PEARL INTERNATIONAL TOURS AND TRAVELS PVT LTD .....Respondent Through: Mr. Prateek Tiwari and Mr. Sushil Shukla, Advs. # CNR No.DLHC010452212026 + (42) SAHIBJI TRAVELS AND TOUR PVT LTD & ORS......Petitioners CRL.M.C. 7062/2026, Crl.M.A.29488/2026, Crl.M.A.29489/2026 Through: Mr. Anuj Arora and Mr. Dayanand, Advs. versus PEARL INTERNATIONAL TOURS AND TRAVELS PVT LTD .....Respondent Through: Mr. Prateek Tiwari and Mr. Sushil Shukla, Advs.. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL) 1. This petition is taken up along with CRL.M.C.7062/2026 which involves the same parties. 2. The petitioner and its Directors seek quashing of Complaint Case No.8034/2019 and 8032/2019 titled as ‘Pearl International Tours and Travels Pvt. Ltd. v. Sahibji Travels and Tours Pvt. Ltd’, under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’) Digitally Signed By:ROHIT KUMAR PATEL Signing Date:25.09.2026 12:40:31 Signature Not Verified CRL.M.C. 7061/2026 & CRL.M.C. 7062/2026 Page 2 of 5 pending before learned JMFC-01, Patiala House Courts, Delhi, in view of a settlement agreement dated 17.08.2026 (Annexure P-4) entered into between the parties. 3. It is pointed out that a commercial suit filed by the Complainant [being CS (COMM) 946/2022)] was also disposed of and withdrawn on 21.08.2026 in view of the settlement arrived at between the parties. The copy of the order dated 21.08.2026 passed in the said civil suit reads as under:- Digitally Signed By:ROHIT KUMAR PATEL Signing Date:25.09.2026 12:40:31 Signature Not Verified CRL.M.C. 7061/2026 & CRL.M.C. 7062/2026 Page 3 of 5 4. It is stated that the petitioners have been convicted in the Complaint Case and that vide order dated 14.09.2026, the matter has been fixed for arguments on sentence. The order dated 14.09.2026 reads as under:- Digitally Signed By:ROHIT KUMAR PATEL Signing Date:25.09.2026 12:40:31 Signature Not Verified CRL.M.C. 7061/2026 & CRL.M.C. 7062/2026 Page 4 of 5 5. Learned counsel for the petitioners refers to the judgment/order dated 11.08.2025 of the Supreme Court in the case titled as Gian Chand Garg v. Harpal Singh & Anr. [SLP (Criminal) No.8050 of 2025], wherein it has been held that compounding of offence under Section 138 NI Act can taken place at any stage and once the parties have settled, and even after the conviction. The relevant observations of the Supreme Court in the said case, are as under: “10. Therefore, it is very clear that although dishonour of cheque entails criminal consequence, the legislature by virtue of section 147 of the NI Act has made it compoundable notwithstanding the provisions of the Code of Criminal Procedure, 1973 and the same can be compounded at any stage of the proceedings especially when the parties have themselves arrived at a voluntary compromise.” 6. Issue notice. 7. Learned counsel, as aforesaid, accepts notice on behalf of the respondent. Digitally Signed By:ROHIT KUMAR PATEL Signing Date:25.09.2026 12:40:31 Signature Not Verified CRL.M.C. 7061/2026 & CRL.M.C. 7062/2026 Page 5 of 5 8. The respondent affirms the factum of the settlement and receipt of the entire settlement amount. 9. Considering the observations of the Supreme Court in Gian Chand Garg (supra) and in view of the settlement between the parties, which is confirmed by the respondent, the present petitions are allowed; Complaint Case Nos.8034/2019 and 8032/2019 as also the order of conviction passed therein and all proceedings emanating therefrom, are quashed. 10. Pending applications also stand disposed of. SACHIN DATTA, J SEPTEMBER 22, 2026/r Digitally Signed By:ROHIT KUMAR PATEL Signing Date:25.09.2026 12:40:31