C. T. RAVIKUMAR, SANJAY KAROL
A. S. Pharma Pvt. Ltd. – Appellant
Versus
Nayati Medical Pvt. Ltd. – Respondent
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
Monica Kumar (Dr.) v. State of Uttar Pradesh (2008) 8 SCC 781 – Relied. [Para 6]
Arvind Barsaul (Dr.) v. State of M.P.
State of Haryana v. Bhajan Lal AIR 1992 SC 604 – Relied. [Para 10]
Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663 – Relied. [Para 13]
K.M. Ibrahim v. K.P. Mohammed & Anr. (2010) 1 SCC 798 – Relied. [Para 13]
O.P. Dholakia v. State of Haryana & Anr. (2000) 1 SCC 762 – Relied. [Para 13]
JIK Industries Ltd. & Ors v. Amarlal V.Jumani & Anr. (2012) 3 SCC 255 – Relied [Para 14]
Raj Reddy Kallem v. The State of Haryana & Anr. 2024 INSC 347 – Relied [Para 15]
Meters and Instruments Private Ltd. & Anr. V. Kanchan Mehta
Expeditious Trial of Cases Under Section 138, N.I. Act, 1881, In re
State of Punjab & Ors. v. Surinder Kumar & Ors. [(1992) 1 SCC 489] – Relied [Para 18]
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