(Ranjan Gogoi, R. Banumathi and Navin Sinha, JJ.)
M/s. Ad-Bureau Advertising Pvt. Ltd. __________________ Appellant
v.
Latha Rajanikanth & Anr. ________________________ Respondent(s)
Criminal Appeal No(s). 854 of 2018 [Arising out of Special Leave Petition (Criminal) No. 4587 of 2016], decided on July 10, 2018
The Order of the court was delivered by
Order
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. A perusal of the Complaint Petition, particularly paragraph 12 thereof, would go to show that the complainant did have a triable issue. The version put forward on behalf of the accused – respondent before us really touches upon the merits of the case. We are, therefore, of the view that the High Court was not justified in quashing the impugned proceedings and, rather, should have allowed the trial to progress. Beyond the above we do not consider it necessary to record anything further as the same may prejudice either of the parties.
4. Consequently and in the light of the above, we allow this appeal; set aside the order of the High Court. We make it clear that we have expressed no opinion on merits, save and except that the averments in the complaint constitute a prima facie case for commencement of the trial.
5. The appeal is disposed of in the above terms.
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 4587/2016
M/s. Ad-Bureau Advertising Pvt. Ltd _________________ Petitioner
v.
Latha Rajanikant & Anr __________________________ Respondent(s)
Date : 10-07-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi, R. Banumathi and Navin Sinha, JJ.)
For Petitioner(s) Mr. Alphi Chugh, Adv.
Mr. Manjeet Kr. Jha, Adv.
Mr. Shree Pal Singh, AOR
For Respondent(s) Mr. Joseph Aristotle S., AOR
Mrs. Priya Aristotle, Adv.
Mr. Vikas Mehta, AOR
Mr. Balaji Srinivasan, AOR
Mr. Elambharti Subbiah, Adv.
Ms. Pallavi Sengupta, Adv.
Ms. Pratiksha Mishra, Adv.
Ms. Garima Jain, Adv.
Ms. Vishakha, Adv.
For Mr. Abhimanue Shrestha, Adv.
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeal is allowed in terms of the signed order.
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