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Delhi High Court - Orders

M/S Innovations Architects And ... vs M/S Primus Retail Pvt. Ltd on 12 May, 2023

Author: Jasmeet Singh

Bench: Jasmeet Singh

                          $~10 & 11
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.L.P. 685/2018, CRL.M.A. 34754/2018, CRL.M.A. 34755/2018
                               M/S INNOVATIONS ARCHITECTS AND INTERIOR
                               DESIGNERS                                        ..... Petitioner
                                                 Through:     Mr. D.D.Dayani, Ms. Mahima
                                                              Dayani, Advs.

                                                 versus

                               M/S PRIMUS RETAIL PVT. LTD.                      ..... Respondent
                                                 Through:     Mr. Sagar Bhatia, Ms. Gulshan Jahan,
                                                              Advs.
                          11
                          +    CRL.L.P. 686/2018, CRL.M.A. 34769/2018, CRL.M.A. 34770/2018
                               M/S INNOVATIONS ARCHITECTS AND INTERIOR RETAIL
                               PVT LTD.                                         ..... Petitioner
                                                 Through:     Mr. D.D.Dayani, Ms. Mahima
                                                              Dayani, Advs.

                                                 versus

                               M/S PRIMUS RETAIL PVT LTD.                       ..... Respondent
                                                 Through:     Mr. Sagar Bhatia, Ms. Gulshan Jahan,
                                                              Advs.
                               CORAM:
                               HON'BLE MR. JUSTICE JASMEET SINGH
                                                 ORDER

% 12.05.2023

1. These are the two applications seeking leave to appeal against the judgment and order dated 30.05.2018 passed by learned MM, South, Saket Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:12.05.2023 19:33:50 Court, New Delhi in criminal complaint No. 475888/2016 u/s S-138 of the NI Act and criminal complaint No. 475887/2016 u/s S-138 of the NI Act, whereby the complaint was compounded and the respondent was acquitted.

2. The amount of Rs. 4 lakhs i.e. the amount of cheque covered in the two complaints is already deposited with the concerned MM Court.

3. With consent of parties, it is directed that respondent No. 2 shall re- validate the draft lying deposited in the Court of learned MM within 10 days from today.

4. In addition, respondent No. 2 shall also pay compensation of Rs. 35,000/- to the applicant, M/s Innovations Architects And Interior Designers.

5. On re-validation of the draft of Rs. 4 lakhs and on payment of Rs. 35,000/- as compensation/costs, all the claims covered in the two complaints of M/s Innovations Architects And Interior Designers shall stand fully satisfied.

6. The order is passed with the consent of the learned counsel of the applicant as well as learned counsel for respondent No. 2.

7. Mr. Dayani, learned counsel shall provide bank details of the applicant to the learned counsel for respondent No. 2, who may make the said transfer of Rs. 4 lakhs and Rs. 35,000/- as full and final settlement of both the complaints.

8. The applications are disposed of and consequently the appeals have become infructuous.

9. Dasti JASMEET SINGH, J MAY 12, 2023/DM Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:12.05.2023 19:33:50