ITEM NO.33 COURT NO.5 SECTION II-A

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.) Nos.1336-1337/2019

(Arising out of impugned final judgment and order dated 26-03-2018

in CRLAP No. 855/2016, 26-03-2018 in CRLAP No. 721/2017 passed by

the High Court of Judicature at Bombay at Nagpur)

SHRIRAM RAMKISAN VERMA Petitioner(s)

VERSUS

SANJAY GUNWANTRAO BAND & ORS. Respondent(s)

Date : 18-11-2022 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.R. SHAH

HON'BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s)

Mr. Satyajit A. Desai, Adv.

Mr. Sachin Patil, Adv.

Mr. Satya Kam Sharma, Adv.

Mr. Abhinav K. Mutyalwar, Adv.

Mr. Gajanan Tirthkar, Adv.

Mr. Siddharth Gautam, Adv.

Ms. Anagha S. Desai, AOR

For Respondent(s)

Mr. Sudheer Voditel, Adv.

Mr. Ravindra Bana, AOR

Mr. Ravi Srivastava, Adv.

Mr. Gagan Sanghi, Adv.

Mr. Rameshwar Prasad Goyal, AOR

Mr. Anand Dilip Landge, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya A. Pande, AOR

Mr. Avineesh Jha, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Having heard learned counsel appearing on behalf of the

respective parties and having gone through the allegations in the

complaint and in absence of any specific allegation that right from

very beginning, it was the intention of the respondents to deceive

the complainant and there was a dishonest intention on the part of

contd..

Digitally signed by

Neetu Sachdeva

Date: 2022.11.19

12:48:28 IST

Reason:

Signature Not Verified

- 2 -

the accused from the very beginning and that the complainant relied

upon the assurances given, the High Court has rightly quashed the

criminal proceedings in exercise of powers under Section 482 of the

Code of Criminal Procedure, 1973.

At this stage, it is required to be noted and it is not in

dispute that even the complainant has already filed a substantive

suit for specific performance before the competent Civil Court. In

that view of the matter, no interference of this Court is called

for. The Special Leave Petitions stand dismissed.

Pending application(s), if any, shall stand disposed of.

(NEETU SACHDEVA) (NISHA TRIPATHI)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR