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2024 Supreme(SC) 782

C. T. RAVIKUMAR, SANJAY KAROL
A. S. Pharma Pvt. Ltd. – Appellant
Versus
Nayati Medical Pvt. Ltd. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Vimit Trehan, Adv. Mr. Dhruv Dwivedi, Adv. Mr. Ravi Bharuka, AOR
For the Respondent(s): Mr. Giriraj Subramanium, Adv. Mr. Simarpal Singh Sawhney, Adv. Mr. Siddhant Juyal, Adv. Mr. Veda Singh, Adv. Mr. Ravi Pathak, Adv. Simar Singh Sawhney, Adv. Mr. Akhilesh Talluri, Adv. Mr. Joy Banarjee, Adv. Ms. Urvarshi Singh, Adv. Mr. Aditya Singh, AOR

ORDER :

Delay condoned. Leave granted.

1. These appeals are directed against the judgment dated 13.12.2023 passed by the High Court of Delhi in Criminal Miscellaneous Case No. 970 of 2023 and Criminal Miscellaneous Appeal No. 3701 of 2023. The appellant filed Complaint Case No. 5564 of 2022 alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’) against the respondents. On receipt of the summons, the respondents appeared before the Court and expressed their readiness to settle the matter by effecting the payment. An application to permit to compound the offence was filed under Section 320 of the Code of Criminal Procedure, 1973 (for short, the ‘Cr.P.C.’). The Trial Court dismissed the same as per order dated 06.02.2023. Aggrieved by the order of the Trial Court, respondents took up the matter before the High Court challenging the order dismissing the application for compounding the offence under Section 138, N.I. Act also seeking quashment of C.C. No.5564 of 2022 and all further proceeding thereon in Criminal M. C. No. 970 of 2023. As per the impugned judgment the High Court, apparently, exercised

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