SUPREME COURT OF INDIA
VINAY JAIN – Appellant
Versus
THE STATE OF CHHATTISGARH – Respondent
SLP(Crl) No.-009716 / 2021
14-12-2022
ANAND SHANKAR JHA
1
ITEM NO.10 COURT NO.11 SECTION IIC
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.9716/2021
(Arising out of impugned final judgment and order dated 23072021
in MCRCA No. 679/2021 passed by the High Court of Chhattisgarh at
Bilaspur)
VINAY JAIN Petitioner(s)
VERSUS
THE STATE OF CHHATTISGARH Respondent(s)
(IA No. 43206/2022 APPLICATION FOR PERMISSION, IA No. 163662/2021
EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA
No. 163663/2021 EXEMPTION FROM FILING O.T., IA No. 8957/2022 –
INTERVENTION/IMPLEADMENT & IA No. 135071/2022 PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
WITH
SLP(Crl) No. 9776/2021 (IIC)
(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
164310/2021, FOR EXEMPTION FROM FILING O.T. ON IA 164311/2021 &
FOR
impleading
party
ON
IA
8961/2022
FOR INTERVENTION/ IMPLEADMENT ON IA 8961/2022)
Date : 14122022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE J.B. PARDIWALA
For Petitioner(s)
Mr. Anand Shankar Jha, AOR
Ms. Meenakshi G. Sharma, Adv.
For Respondent(s)
Mr. Gaurav Arora, Adv.
Mr. Sumeer Sodhi, AOR
Mr. Gaurav Agrawal, Adv.
Mr. Siddhartha Shukla, Adv.
Digitally signed by
VISHAL ANAND
Date: 2022.12.19
10:55:15 IST
Reason:
Signature Not Verified
2
UPON hearing the counsel the Court made the following
O R D E R
Special Leave Petition (Crl.) No.9716/2021:
Taking into consideration the averments made in the
application seeking impleadment, the said application is allowed
and M/s. Sanman Cinema Private Limited is impleaded as a party
Respondent.
Cause title be amended accordingly.
The petitioner and the complainant (Vikas Bohra), both
are/were Directors of M/s. Sanman Cinema Private Limited. The
petitioner under his signatures issued a cheque of Rs.10,00,000/
(Rupees Ten lakhs only) in favour of one Smt. Sashi Bafna. As the
cheque was dishonored, Smt. Sashi Bafna had filed a complaint under
Section 138 of the Negotiable Instruments Act, 1881 against the
petitioner as well as the complainant, both being the Directors of
the Company.
It is in this backdrop that the complainant (Vikas Bohra) has
lodged FIR No.4/2020 against the petitioner under Sections 406 and
420 of the Indian Penal Code for allegedly misusing the name of the
company and cheating the other directors.
The petitioner has, in compliance to Order dated 07012022,
deposited a sum of Rs.10,00,000/ (Rupees Ten lakhs only) with the
Registry of this Court and subject thereto, he was granted interim
protection against arrest.
Learned counsel for the petitioner states that he has joined
the investigation and shall continue to cooperate with the ongoing
investigation.
In the light of the abovestated facts, we confirm the interim
Order dated 07012022, subject to the condition that the
petitioner shall appear before the investigating officer as and
when required and shall fully cooperate with the ongoing
investigation.
3
The Registry is further directed to transfer the amount of
Rs.10,00,000/ (Rupees Ten lakhs only) deposited by the petitioner,
along with accrued interest thereon, to the Court of Judicial
Magistrate, First Class at Rajnandgaon, Chhattisgarh.
The said Court is directed to release the subject amount in
favour of Smt. Sashi Bafna, however, without prejudice to the legal
rights of the parties.
On receipt of this amount, Smt. Sashi Bafna may consider
whether she would withdraw her complaint under Secti