Supreme Court - Daily Orders
M/S. Genesis Color Pvt. Ltd. vs Rajiv Ramlabhaya Suri on 19 February, 2016
Bench: Dipak Misra, Shiva Kirti Singh
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 196-197 OF 2016
(Arising out of SLP (Crl) Nos.490-491 of 2016)
M/s. Genesis Color Pvt. Ltd. & Anr. … Appellants
VERSUS
Anil Ramlabhaya Suri & Anr. … Respondents
O R D E R
Leave granted.
The present appeals by special leave are directed against the order dated 12.10.2015 passed in Criminal Application No.174 of 2014 and Criminal Application No.175 of 2015 by the learned single Judge of the High Court of Judicature at Bombay whereby he has declined to interfere with the issuance of process in C.C. Nos.4443/SS/2009 and 444/SS/2009 instituted under Section 138 of the Negotiable Instruments Act, 1881.
We have heard learned counsel for the parties. In course of hearing, on suggestion being given to learned counsel for the parties, the parties have entered into a compromise. The terms of the compromise are stated hereinbelow : Signature Not Verified
“1. The petitioners shall pay a total amount of Digitally signed by GULSHAN KUMAR ARORA Date: 2016.03.19 11:24:47 IST Reason: Rs.30,00,000/- (Rupees thirty lakhs only) within 15 days by way of a demand draft in favour of Mr. Rajiv Suri.
2. The Respondent shall withdraw within two 2 weeks of handing over of the demand draft of the aforesaid amount, the following criminal complaints :
(i) CC No.2272/SS/2008, pending before the Metropolitan Magistrate, 12th Court, Bandra, Mumbai.
(ii) CC No.4443/SS/2009, pending before the Metropolitan Magistrate, 58th Court, Bandra, Mumbai.
(iii) CC No.4444/SS/2009, pending before Metropolitan Magistrate, 58th Court, Bandra Mumbai.
The presence of the accused Mr. Sanjay Kapoor on the next date of hearing, i.e., 3rd March, 2016 be dispensed with subject to the payment of the aforesaid amount before that date. On receipt of the aforesaid payments, all the disputes between the parties on the subject matter stands settled.” The said settlement shall be treated as part of the order of this Court and the parties shall abide by the same in true letter and spirit.
The criminal appeals are accordingly disposed of ................,J.
(Dipak Misra) ................,J.
(Shiva Kirti Singh) New Delhi;
February 19, 2016.
ITEM NO.13 COURT NO.4 SECTION IIA
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(s).
490-491/2016
(Arising out of impugned final judgment and order dated 12/10/2015 in CRLAP No. 175/2014 12/10/2015 in CRLAP No. 174/2014 passed by the High Court Of Bombay) M/S. GENESIS COLOR PVT. LTD. AND ANR. Petitioner(s) VERSUS ANIL RAMLABHAYA SURI AND ANR. Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment and permission to file additional documents and interim relief and office report) Date : 19/02/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Bhargava V. Desai, AOR For Respondent(s) Ms. Madhumita Bhattacharjee, AOR UPON hearing the counsel the Court made the following O R D E R The criminal appeals are disposed of in terms of the signed order.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)