Madhya Pradesh High Court
Guru Nanak Fires Works Thru.Sanjay vs Tahir Ali on 4 July, 2017
M.Cr.C.No.6562/2017
4.7.2017
Shri Satish Tomar, learned Counsel for the applicant.
The applicant has come before this Court with a short prayer
that the amount has been deposited by the respondent in compliance
of order dt. 3.4.2017 passed in M.Cr.C. No. 3240/2017 by this Court
and its withdrawal has been declined by the learned Trial Court on the
ground that this Court has stayed the operation of the judgment of the
Trial Court vide order dt. 18.5.2017.
Facts are that the applicant and the respondent have
compromised the case filed by the applicant before the learned Trial Court under Section 138 N.I. Act and a time schedule has been fixed by the learned Trial Court for depositing money but due to some reason, respondent could not deposit the money and he approached this Court for extension of time which was granted to him by order dt. 3.4.2017 (supra). In compliance of the order, the respondent has deposited the money which the applicant wants to withdraw.
Considering the limited prayer and facts and circumstances of the case, the petition is allowed. It is directed that the trial Court shall decide the prayer of the applicant without taking into account the order of stay dt.3.4.2017 passed in M.Cr.C. No. 3240/2017 by this Court.
With the aforesaid, present petition stands disposed off.
(Virender Singh) Judge M.Jilla.