(A.M. Khanwilkar and Sanjiv Khanna, JJ.)
Akhilesh Sonthaliya _______________________________ Appellant;
v.
B.D. Pradhan _____________________________________ Respondent.
Criminal Appeal No. 607 of 2021 (Arising out of SLP (Crl.) No. 929 of 2020), decided on July 14, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal takes exception to the judgment and order dated 16.12.2019 passed by the High Court of Chattisgarh at Bilaspur in CRR No. 704 of 2019, whereby the High Court rejected the challenge to the cognizance taking order passed by the trial Court dated 13.09.2017.
3. For the nature of order that we propose to pass, it is not necessary to dilate on the factual matrix of the case.
4. During the course of argument, both sides (private parties) were in agreement that since the transaction in question had taken place between two friends and well-wishers, the entire controversy can be put at rest, if the appellant returns the amount invested by the private respondent with interest at the rate of 12 per cent per annum (Simple Interest). The appellant is willing to do so.
5. In view of the said arrangement agreed upon between the private parties, no fruitful purpose would be served by continuing with the proceedings pending before the Trial Court.
6. As a result, we dispose of the appeal by quashing the criminal proceeding on condition that the appellant shall return the amount referred to in the complaint along with interest at the rate of 12 per cent per annum (Simple Interest) until the date of realization. That be paid in three monthly equal installments, failing which the criminal proceedings shall stand revived and proceeded with in accordance with law. The first installment shall be paid on or before 11th August, 2021 and the remaining two installments before 11th of following calendar months.
7. As aforesaid, the appellant shall strictly adhere to the undertaking given to the Court without fail.
8. Pending applications, if any, stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s).929/2020
Akhilesh Sonthaliya _________________________________ Petitioner
v.
B.D Pradhan _____________________________________ Respondent
(M/S Vmz Chambers, Advocates Has Filed Vakalatnama on Behalf of the State of Chhattisgarh.
IA No. 40714/2021 – Early Hearing Application
IA No. 20031/2020 – Exemption From Filing C/C of the Impugned
JUDGMENT
IA No. 20032/2020 – Exemption From Filing O.T.
IA No. 41854/2021 – Exemption From Filing O.T.)
Date: 14-07-2021 These matters were called on for hearing today.
(Before A.M. Khanwilkar and Sanjiv Khanna, JJ.)
For Petitioner(s) Mr. Siddharth Dave, Sr. Adv.
Mr. Sanchit Guru, Adv.
Mr. Rajat Kapoor, Adv.
Mr. Jamnesh Kumar, Adv.
Mr. Himanshu Shekhar, AOR
For Respondent(s) Mr. Devershi Deepak Thakur, Adv.
Dr. Harsh Pathak, Adv.
Ms. Shaveta Mahajan, AOR
Mr. Mohit Choubey, Adv.
Mr. Siddhartha Shukla, Adv.
Mr. Sourav Roy, Dy. AG
Mr. Mahesh Kumar, Adv.
Mr. Kaushal Sharma, Adv.
Ms. Devika Khanna, Adv.
Mrs. V.D. Khanna, Adv.
Ms. Aayushi Gupta, Adv.
VMZ Chambers, AOR
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeal is disposed of in terms of the signed order.
11. Pending applications, if any, stand disposed of.
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