Calcutta High Court (Appellete Side)
Harsh Vardhan Agarwal & Anr vs Unknown on 15 March, 2021
Author: Jay Sengupta
Bench: Jay Sengupta
21 15.03.2021 C.R.R. 655 of 2021
rkd Ct. no.32
In the matter of: Harsh Vardhan Agarwal & Anr.
....petitioners.
Mr. R. Lakhmani,
Mr. N. Berlia,
Ms. A. Janvi
...for the petitioner.
This is an application praying for quashing of a proceeding
under Sections 138 and 141 of the N.I. Act.
Supplementary affidavit filed by the petitioners is taken on
record.
Learned counsel for the petitioners submits as follows.
The petitioners are the erstwhile directors of the company in
respect of which winding up of a proceeding was initiated by
the present complainant. Both the winding up of proceeding as
well as the present case under Sections 138 and 141 of the N.I.
Act pertain to the same amount of loan of Rs.5 lakhs
purportedly advanced by the complainant to the accused.
During the winding up of a proceeding, a settlement was
arrived at between the parties. Pursuant to the settlement, an
amount of Rs.6.5 lakhs, which is in excess of the amount of
cheque, was paid by the accused to the complainant company.
In spite of there being a condition to withdraw the present case,
the complainant refused to do so. Any further continuation of
the impugned proceeding shall be an abuse of the process of
Court.
The petitioners shall serve a copy of the application along
with the supplementary affidavit upon the
2
complainant/opposite party and the pro forma respondent by
speed post with acknowledgment due, 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 heading "Contested Application" two weeks hence.
The impugned proceeding shall remain extended for a period of five weeks.
Liberty is granted to the parties to apply for extension or modification or vacating of the interim order upon notice to the other side.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Jay Sengupta, J.)