Calcutta High Court (Appellete Side)
Ideal Real Estates Pvt. Ltd. & Ors vs Unknown on 27 September, 2019
Author: Jay Sengupta
Bench: Jay Sengupta
1 27.09.2019
Sl. No.70 Ct-28 BM CRR 2618 of 2019 In the matter of : Ideal Real Estates Pvt. Ltd. & Ors.
... Petitioners Mr. Sandipan Ganguly ... for the petitioners Mr. Ayan Bhattacharjee Mr. Sougata Banerjee Ms. Sreeparna Das ... for the opposite party This is an application for quashing of a complaint case under Section 138 of the Negotiable Instruments Act.
Vakalatnama filed on behalf of the opposite party be kept on record. Learned senior counsel appearing on behalf of the petitioners submits as follows. Although the accused/petitioners were willing to pay the entire sum due on the dishonored cheque, the complainant/opposite party refused to accept the same on the pretext that it might have some adverse bearing on the NCLAT proceeding initiated by them against the accused Company. Reliance is placed on the decision of the Hon'ble Apex Court in Meters and Instruments Private Limited & Anr. vs. Kanchan Mehta reported in (2018) 1 SCC 560 and it is submitted that even if the complainant refuses to compound, a proceeding can be quashed if the Court can come to a finding that the complainant has been adequately compensated.
Learned counsel appearing on behalf of the opposite party submits that he would like to take instructions from his client on the issue of compounding and prays for some time to present the stand of the complainant in this regard. 2
Let the petitioners serve a copy of this application upon the opposite party by Speed Post with acknowledgement due as also upon the learned Advocate on Record of the opposite party within a week. An affidavit of service to that effect shall be filed on the next date of hearing.
Let this matter appear under the same heading 'Listed Motion' after the ensuing Puja vacation.
The impugned proceeding shall remain stayed for a period of two weeks from the reopening of the Court after ensuing Puja vacation.
The parties shall be at liberty to pray for extension or modification or vacating of the interim order upon notice to other side.
Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)