Supreme Court - Daily Orders
M V Vincent vs M/S. I.C.D.S. Ltd on 30 June, 2016
Bench: Dipak Misra, C. Nagappan
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 546 OF 2016
(Arising out of SLP (Crl.) No.8361/2014)
M V VINCENT Appellant(s)
VERSUS
M/S. I.C.D.S. LTD Respondent(s)
O R D E R
Leave granted.
The appellant has been convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Principal Sessions Judge, Udupi which has been affirmed upto the High Court.
When the matter was listed before the learned Judge in Chamber on 01.9.2014, the following order came to be passed:-
Application for exemption from surrendering is allowed subject to depositing a sum of Rs. 3,00,000/- (Rupees three lakhs) with the registry of this Court within four weeks failing which the special leave petition shall stand dismissed without further reference to the Court.
In pursuance of the aforesaid order, the amount has been deposited. After appearance of the respondent, an affidavit has been filed indicating that the respondent-company and the accused Signature Not Verified have settled the matter amicably and the respondent-company had Digitally signed by GULSHAN KUMAR ARORA Date: 2016.07.06 14:37:05 IST Reason: received the amount of Rs.3,10,000/- (Rupees three lakh ten thousand only) in full and final settlement. 2 In view of the aforesaid, a prayer has been made for compounding of the offence. Having heard learned counsel for the parties and taking the affidavit into the consideration, we allow compounding of the case under Section 147 of the Negotiable Instruments Act, 1881 and resultantly set aside the Judgment and order passed by the High Court affirming the conviction and sentence recorded by the courts below. The appeal is disposed of accordingly.
................,J.
(Dipak Misra) ................,J.
(C. Nagappan) New Delhi;
June 30, 2016.
ITEM NO.31 COURT NO.4 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No(s).8361/2014 (Against the impugned Judgment and final order dated 10.4.2014 passed in Criminal Revision Petition No. 883/2013 by the High Court of Karnataka at Bangalore) M V VINCENT Appellant(s) VERSUS M/S. I.C.D.S. LTD Respondent(s) (With appln. (s) for bail and c/delay in filing SLP and compounding the offence and office report) Date : 30/06/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE C. NAGAPPAN For Appellant(s) Mr. Sriram P., Adv.
Mrs. Sudha Gupta, Adv.
For Respondent(s) Mr. Ankur S. Kulkarni, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed order. I.A., if any, stands disposed of accordingly.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)