Supreme Court - Daily Orders
Sanjay Kaushish vs State (The Govt. Of Nct Of Delhi) on 21 October, 2016
Bench: Dipak Misra, Amitava Roy
SLP(Crl.) 3709/2016
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1033 OF 2016
(Arising out of S.L.P.(Crl.) No.3709 of 2016)
Sanjay Kaushish and Another Appellant(s)
Versus
State (Govt. of NCT of Delhi) Respondent(s)
and Another
O R D E R
Leave granted.
Heard Mr. Arunabh Chowdhury, learned counsel along with Mr. Anupam Lal Das, learned counsel for the appellant, Mr. Kirti Uppal, learned senior counsel for the respondent No.2 and Mr. P.K. Dey, learned counsel for the State.
This Court on 10th May, 2016 had passed the following order:-
“ Issue notice subject to the petitioner depositing a sum of Rs.3,00,00,000/- (Rupees three crores only) before this Court by 10.06.2016. The amount, if deposited, shall be invested in a short term fixed deposit in the UCO Signature Not Verified Bank, Supreme Court compound, New Delhi. After Digitally signed by the amount is deposited, notice shall be issued to the respondents fixing a returnable date CHETAN KUMAR Date: 2016.11.07 15:06:47 IST Reason:
within four weeks therefrom.
Let the matter be listed in the third week of July, 2016.
SLP(Crl.) 3709/2016 2 Interim stay, as prayed for, is granted till the next date of hearing.” In pursuance of the aforesaid order, the amount has been deposited. On a suggestion being made, the learned counsel for the parties submitted that they have no hesitation to get the matter settled. Mr. Kirti Uppal, learned senior counsel appearing for the respondent No.2 has submitted that the said respondent is entitled to Rs.4 crores along with interest. Mr. Arunabh Chowdhury, learned counsel appearing for the appellant would submit that the respondent is entitled only for Rs.3 crores. In course of hearing, both the parties left it to the discretion of this Court.
Having heard learned counsel for the parties and taking note of their agreement to settle the dispute, we are of the considered opinion that the appellant shall pay a sum of Rs.4 crores in entirety in full and final settlement of the cheque amount. The amount that has been deposited before the Registry of this Court along with accrued interest shall be included in the said Rs.4 crores. The balance amount shall be paid by the appellant within three months hence. On such payment, all the criminal proceedings pending between the parties relating to this amount shall stand quashed. The civil proceeding that has been initiated by the respondent No.2 deemed to have been disposed of.
As the matter has been disposed of and we are disposing of the civil cases on the basis of the settlement SLP(Crl.) 3709/2016 3 between the parties, liberty is granted to the respondent No.2 to file appropriate application before the civil court for refund of court fees as permissible in law.
The appeal is, accordingly, disposed of.
....................J. [Dipak Misra] ....................J. [Amitava Roy] New Delhi October 21, 2016.
SLP(Crl.) 3709/2016 4 ITEM NO.6 COURT NO.4 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.) No.3709/2016 (Arising out of impugned final judgment and order dated 10/03/2016 in CRLMC No. 4272/2014 passed by the High Court of Delhi at New Delhi) SANJAY KAUSHISH AND ANR. Petitioner(s) VERSUS STATE (THE GOVT. OF NCT OF DELHI) AND ANR. Respondent(s) (With interim relief and office report) Date : 21/10/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Arunabh Chowdhury, Adv.
Mr. Anupam Lal Das, AOR Mr. Vaibhav Toma, Adv.
Ms. Shruti Choudhry, Adv. Ms. Barnali chowdhury, Adv.
For Respondent(s) Mr. Kirti Uppal, Sr. Adv.
Mr. Sacchin Puri, Sr. Adv. Ms. Poorva Pant, Adv.
Mr. D.K. Garg, Adv.
Mr. Abhishek Garg, Adv. Mr. Sougat Sinha, Adv.
Mr. P.K. Dey, Adv.
Mr. R.R. Rajesh, Adv.
Mr. D.S. Mahra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
SLP(Crl.) 3709/2016 5 The appeal is allowed in terms of the signed order.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)