Supreme Court - Daily Orders
Vayam Technologies Limted Managing ... vs Kalki Communication Technologies ... on 12 September, 2018
Author: Chief Justice
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
SLP(Crl.) 5182-83/18
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.1158-1159 OF 2018
(Arising out of S.L.P.(Crl.) Nos.5182-5183 of 2018)
Vayam Technologies Limited By Its Appellant(s)
Managing Director, Ashok Tiwari & Etc.
Versus
Kalki Communication Technologies Respondent(s)
Private Limited
O R D E R
Leave granted.
Heard Mr. Vikas Singh, learned senior counsel for the appellant and Mr. S. Bhardwaj, learned counsel for the respondent.
The present appeals, by special leave, call in question the legal propriety of the order dated 11th April, 2018, passed by the learned Single Judge of the High Court of Karnataka at Bengaluru in Criminal Petition Nos.3823 of 2017 and 1733 of 2018, whereby the High Court has declined to exercise its inherent power under Section 482 of the Code of Criminal Procedure for quashing the criminal proceedings against the Directors of the company.
In the course of hearing, a suggestion was given to Signature Not Verified settle the dispute as far as the criminal proceedings are Digitally signed by CHETAN KUMAR Date: 2018.09.14 concerned. After obtaining instructions, it is accepted by 16:35:11 IST Reason:
Mr. Vikas Singh, learned senior counsel that the appellant will pay the amount covered under the three cheques. Be it noted, Rs.1,00,00,000/- (Rupees one crore only) which is SLP(Crl.) 5182-83/18 2 covered by one cheque, has already been deposited with the Registry of this Court. Thus, the balance amount which remains is Rs.2,00,00,000/- (Rupees two crores only). Mr. Vikas Singh, learned senior counsel would submit that some time i.e. till 31st March, 2019, be granted to pay a further sum of Rs.2,00,00,000/- (Rupees two crores only) for which Mr. Bhardwaj, learned counsel for the respondent has no objection. However, he would insist for grant of some compensation.
Having heard learned counsel for the parties, we direct as follows:-
(i) The amount deposited before the Registry of this Court, along with accrued interest, be paid to the respondent-Company.
(ii) A further sum of Rs.2,00,00,000/- (Rupees two crores only) shall be paid by the appellant by way of bank draft to the respondent-Company by 31st March, 2019.
(iii) In addition to the amount of Rs.2,00,00,000/-
(Rupees two crores only), in pursuance of direction (ii) above, the appellant shall pay a sum of Rs.15,00,000/- (Rupees fifteen lakhs only) towards compensation by a demand draft to the respondent-Company, together with the said payment.
(iv) After payment of the amount, the criminal proceedings instituted under Section 138 of the Negotiable Instruments Act, 1881, forming the subject matter of Criminal Complaint No.10959 of 2016 , shall stand quashed.
(v) In view of our present order, the proceedings before the learned Magistrate initiated under Section 138 of the Negotiable Instruments Act, 1881, shall be kept in abeyance. SLP(Crl.) 5182-83/18 3
(vi) As agreed to by the learned counsel for the parties, this payment shall be without prejudice to the arbitration proceeding that is going on at present, for the arbitration covers many other disputes.
(vii) If the appellant does not pay the amount, as directed herein-above, the criminal proceedings shall revive for adjudication.
The appeals are disposed of accordingly.
..................CJI.
[Dipak Misra] ....................J. [A.M. Khanwilkar] ....................J. [Dr. D.Y. Chandrachu] New Delhi September 12, 2018.
SLP(Crl.) 5182-83/18
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ITEM NO.5 COURT NO.1 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) Nos.5182-5183/2018
(Arising out of impugned final judgment and order dated 11-04-2018 in CRLP No. 1733/2018 11-04-2018 in CRLP No. 3823/2017 passed by the High Court of Karnataka at Bengaluru) VAYAM TECHNOLOGIES LIMTED MANAGING Petitioner(s) DIRECTOR ASHOK TIWARI VERSUS KALKI COMMUNICATION TECHNOLOGIES PRIVATE Respondent(s) LIMITED (With appln.(s) for permission to file additional documents and prayer for interim relief) Date : 12-09-2018 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Vikas Singh, Sr. Adv.
Mr. T. Mahipal, AOR For Respondent(s) Mr. Bharadwaj S., AOR Mr. Ashin Kumar Nair, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
(Chetan Kumar) (H.S. Parasher)
A.R.-cum-P.S. Assistant Registrar
(Signed order is placed on the file)