Madhya Pradesh High Court
N. S. Balamukundan vs Ruchi Soya Industries Ltd. on 16 September, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
MCRC No.30875 of 2019 & others
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 16th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 30875 of 2019
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED ABOUT 56
YEARS, OCCUPATION: BUSINESS 1, RAGAVAIAH ROAD, T. NAGAR,
CHENNAI (TAMIL NADU)
.....PETITIONER
(BY SHRI ANURAG BAIJAL, ADVOCATE)
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH MR. VIRENDRA
AUTHORIZED SIGNATORY 301, MAHAKOSH HOUSE, 7/5, SOUTH
TUKOGANJ, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE)
MISC. CRIMINAL CASE No. 33556 of 2019
BETWEEN:-
N. S. BALAMUKUNDAN S/O SHRI N. S. PARTHASARATHI, AGED ABOUT
56 YEARS, OCCUPATION: BUSINESS 1 RAGAVAIAH ROAD, T. NAGAR,
CHENNAI 600017 (TAMIL NADU)
.....PETITIONER
MCRC No.30875 of 2019 & others
((BY SHRI ANURAG BAIJAL, ADVOCATE) )
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH AUTHORIZED SIGNATORY
MR. VIRENDRA S/O SHRI SATYANARAYAN MANDOWARA 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, INDORE (MADHYA
PRADESH)
.....RESPONDENTS
( BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE )
MISC. CRIMINAL CASE No. 33561 of 2019
BETWEEN:-
N. S. BALMUKUNDAN S/O SHRI N .S. PARTHASARATHI, AGED ABOUT 56
YEARS, OCCUPATION: BUSINESS 1 RAGAVAIAH ROAD, T. NAGAR,
CHENNAI 600017 (TAMIL NADU)
.....PETITIONER
((BY SHRI ANURAG BAIJAL, ADVOCATE) )
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH AUTHORIZED SIGNATORY
MR. VIRENDRA S/O SHRI SATYANARAYAN MANDOWARA 301,
MAHAKOSH HOUSE, 7/5, SOUTH TUKOGANJ, INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE)
MISC. CRIMINAL CASE No. 33563 of 2019
MCRC No.30875 of 2019 & others
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED ABOUT 56
YEARS, OCCUPATION: BUSINESS 1, RAGAVAIAH ROAD, T. NAGAR,
CHENNAI (TAMIL NADU)
.....PETITIONER
((BY SHRI ANURAG BAIJAL, ADVOCATE) )
AND
RUCHI SOYA INDUSTRIES LTD. AUTHORIZED SIGNATORY MR.
VIRENDRA S/O SHRI SATYANARAYAN MANDOWARA 301, MAHAKOSH
HOUSE, 7/5, SOUTH TUKOGANJ, INDORE (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE )
MISC. CRIMINAL CASE No. 33571 of 2019
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED ABOUT 56
YEARS, OCCUPATION: BUSINESS 1, RAGAVAIAH ROAD, T. NAGAR,
CHENNAI (TAMIL NADU)
.....PETITIONER
((BY SHRI ANURAG BAIJAL, ADVOCATE) )
AND
RUCHI SOYA INDUSTRIES LTD. AUTHORIZED SIGNATORY MR.
VIRENDRA S/O SHRI SATYANARAYAN MANDOWARA 301, MAHAKOSH
HOUSE, 7/5, SOUTH TUKOGANJ, INDORE (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE )
MCRC No.30875 of 2019 & others
MISC. CRIMINAL CASE No. 33573 of 2019
BETWEEN:-
N. S. BALAMUKUNDAN S/O N. S. PARTHASARATHI, AGED ABOUT 56
YEARS, OCCUPATION: BUSINESS 1, RAGAVAIAH ROAD, T. NAGAR,
CHENNAI (TAMIL NADU)
.....PETITIONER
((BY SHRI ANURAG BAIJAL, ADVOCATE) )
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH MR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA 301, MAHAKOSH HOUSE, 7/5, SOUTH
TUKOGANJ, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE)
MISC. CRIMINAL CASE No. 33577 of 2019
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED ABOUT 56
YEARS, OCCUPATION: BUSINESS 1, RAGAVAIAH ROAD, T. NAGAR,
CHENNAI (TAMIL NADU)
.....PETITIONER
((BY SHRI ANURAG BAIJAL, ADVOCATE) )
AND
RUCHI SOYA INDUSTRIES LTD. AUTHORIZED SIGNATORY MR.
VIRENDRA S/O SHRI SATYANARAYAN MANDOWARA 301, MAHAKOSH
MCRC No.30875 of 2019 & others
HOUSE, 7/5, SOUTH TUKOGANJ, INDORE (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE )
MISC. CRIMINAL CASE No. 33579 of 2019
BETWEEN:-
N. S. BALAMUKUNDAN S/O N. S. PARTHASARATHI, AGED ABOUT 56
YEARS, OCCUPATION: BUSINESS 1 RAGAVAIAH ROAD, T. NAGAR,
CHENNAI 600017 (TAMIL NADU)
.....PETITIONER
((BY SHRI ANURAG BAIJAL, ADVOCATE) )
AND
RUCHI SOYA INDUSTRIES LTD. THROUGH VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA 301, MAHAKOSH HOUSE, 7/5, SOUTH
TUKOGANJ, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE)
MISC. CRIMINAL CASE No. 33581 of 2019
BETWEEN:-
N.S. BALAMUKUNDAN S/O N.S. PARTHASARATHI, AGED ABOUT 56
YEARS, OCCUPATION: BUSINESS 1, RAGAVAIAH ROAD, T. NAGAR,
CHENNAI (TAMIL NADU)
.....PETITIONER
MCRC No.30875 of 2019 & others
((BY SHRI ANURAG BAIJAL, ADVOCATE) )
AND
RUCHI SOYA INDUSTRIES LTD. AUTHORIZED SIGNATORY MR.
VIRENDRA S/O SHRI SATYANARAYAN 301, MAHAKOSH HOUSE, 7/5,
SOUTH TUKOGANJ, INDORE (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE )
MISC. CRIMINAL CASE No. 33582 of 2019
BETWEEN:-
N.S. BALMUKUNDAN S/O SHRI N.S. PARTHASARATHI, AGED ABOUT 56
YEARS, OCCUPATION: BUSINESS 1, RAGAVAIAH ROAD T. NAGAR
CHENNAI (TAMIL NADU)
.....PETITIONER
((BY SHRI ANURAG BAIJAL, ADVOCATE) )
AND
RUCHI SOYA INDUSTRIES LTD. THR. VIRENDRA S/O SHRI
SATYANARAYAN MANDOWARA 301, MAHAKOSH HOUSE 7/5, SOUTH
TUKOGANJ INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK SINGH, ADVOCATE WITH SHRI PRAVEER PORWAL,
ADVOCATE)
These applications coming on for hearing this day, with the consent of
parties heard finally and the court passed the following:
MCRC No.30875 of 2019 & others
ORDER
1. All these petitions have been filed on behalf of the petitioner/N.S. Balamukundan under Section 482 of Cr.P.C. For quashment of the criminal proceedings pending before the JMFC, Indore in criminal cases (old and new) mentioned (MCRC wise) as below:
S. No. MCRC No. Old Cri. Case No. New Cri. Case No. 1 30875 of 2019 6654 of 2018 1954 of 2019 2 33573 of 2019 6657 of 2018 1913 of 2019 3 33579 of 2019 6653 of 2018 1953 of 2019 4 33563 of 2019 6655 of 2018 1912 of 2019 5 33561 of 2019 6869 of 2018 1951 of 2019 6 33556 of 2019 6868 of 2018 1952 of 2019 7 33571 of 2019 6781 of 2018 1949 of 2019 8 33582 of 2019 6712 of 2018 1948 of 2019 9 33577 of 2019 6658 of 2018 1950 of 2019 10 33581 of 2019 6645 of 2018 1911 of 2019 At the time of hearing before this Court, counsel for the petitioner/Mr. N.S. Balamukundan made a proposal before this Court that in compliance of order of trial Court, the MCRC No.30875 of 2019 & others petitioner and another accused has to be deposited 20% amount of the total compensation amount respective to every case and the present petitioner is ready to deposit his part (i.e. 10% of the cheque amount) within a period of 02 months from the date of this order as huge amount is involved in the matter and the petitions filed before this Court may be disposed off with certain directions that;
(i) the amount so deposited by the petitioner before the learned Court below shall not be permitted to disburse in favour of respondent;
(ii) the amount so deposited by the petitioner before the trial Court may be deposited in any Nationalized Bank fetching maximum interest rate in the form of Fixed Deposit, which may further extendable, if so require
(iii) the learned trial Court may be directed to disposed off the aforesaid cased as mentioned above within a stipulated period
(iv) the learned trial Court shall be directed to disburse the amount so deposited by the present petitioner, in accordance with law subject to final out of the trial respectively (in all cases).
Counsel for the respondent accept the proposal so made MCRC No.30875 of 2019 & others before this Court at the very outset and prays for disposal of the petitions in consonant with the prayer made by counsel for the petitioner.
I have heard the counsel for the parties and proposal made by counsel for the petitioner and further accepted by counsel for the respondent, all the petitions are disposed of on the following terms:
(i) the amount which has to be deposited by the petitioner/N.S. Balamukundan within two months from the date of this order before the learned Court below shall not be permitted to disburse in favour of respondent ;
(ii) the learned trial Court shall further deposit the amount which may be deposited by the petitioner in any Nationalized Bank fetching maximum interest rate in the form of Fixed Deposit for a period of one year, which may further extendable by Court below, if so require;
(iii) in view of the joint prayer by both the parties, the learned trial Court is directed to disposed off the aforesaid cases as mentioned above preferably within a period of MCRC No.30875 of 2019 & others one year;
(iv) the disbursement of the amount shall be subject to final outcome of the trial respectively (in all cases);
(v) both the parties are restricted for taking unnecessary adjournments in trial;
It is made clear that this order has been passed only with respect to the present petitioner i.e. N.S. Balamukundan.
A copy of this order be placed in all the cases above respectively.
A copy of this order be sent to the trial Court concerned for necessary information and action.
In terms of the above, all the above petitions stand disposed off.
Certified copy, as per rules.
(Rajendra Kumar (Verma)) Judge amit Digitally signed by AMIT KUMAR Date: 2022.09.20 17:04:16 +05'30'