(R. Banumathi and A.S. Bopanna, JJ.)
Ritesh Ajmera _____________________________________ Appellant;
v.
Dainik Bhaskar and Others ________________________ Respondent(s).
Criminal Appeal No. 1210 of 2019 [Arising out of SLP(Crl) No. 4692/2019], decided on August 6, 2019
With
Criminal Appeal No. 1211 of 2019 [Arising out of SLP(Crl) No. 1011/2019], Criminal Appeal No. 1213 of 2019 [Arising out of SLP(Crl) No. 4693/2019] Criminal Appeal No. 1212 of 2019 [Arising out of SLP(Crl) No. 4691/2019]
The Order of the court was delivered by
Order
1. Leave granted.
2. The first respondent-complainant has filed the complaint under Section 138 of the Negotiable Instruments Act, 1881 against the accused before the Court of Judicial Magistrate, Indore based on four dishonored cheques, the description of which are as under:
1. Cheque No. 521356 dated 20.07.2019 for Rs. 10,53,500/-
2. Cheque No. 521355 dated 17.07.2015 for Rs. 10,53,500/-3. Cheque No. 063210 dated 06.07.2015 for Rs. 9,80,000/-4. Cheque No. 521352 dated 06.07.2015 for Rs. 10,53,500/
3. The learned Magistrate prima facie found that there are sufficient grounds for taking cognizance of the offence and directed issuance of summons to the appellant-accused.
3. Being aggrieved by the order of the learned Magistrate for issuance of summons, the appellants have filed the quash petitions before the High Court under Section 482 Cr.P.C. The High Court dismissed the quash petitions by holding that there are sufficient grounds to proceed against the accused and that the trial Court was right in taking cognizance of the offence and there are no grounds to interfere with the order of issuance of summons. Being aggrieved, the appellant has filed these criminal appeals.
4. The learned counsel for the parties have submitted that the appellant and the respondents have settled the matter in terms of the settlement dated 08.07.2019. The terms of the settlement reads as under:
“That the Respondent No. 2 has entered into settlement dated 08.07.2019 with the Respondent No. 1, the terms of the settlement Deed is as under:
“This is with reference to the meeting held on 08.07.2019 at our office and subsequent discussions we had with regard to settlement of Advertisement outstanding to Rs. 94,87,735/- we would like to inform you that, we had mutually agreed upon settlement of same on Rs. 14,00,000/- The cheque No. 172696 dated 08.07.2019 of Axis Bank Ltd. is provided and hence, settled in full. We further, like to inform you that upon clearing of aforesaid cheque the legal proceedings will be commenced to be withdrawn”
That the Respondent No. 1 has received the amount as mentioned in the Settlement Deed Rs. 14,00,000/-”
5. Since the parties have amicably settled the matter at the stage of issuance of summons itself, there is no necessity of imposing cost as per the guidelines laid down by this Court in the judgment reported in Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663.
6. In view of settlement arrived at between the parties, the impugned judgment of the High Court is set aside and these appeals are allowed. The summons issued to the appellants shall stand quashed.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4692/2019
Ritesh Ajmera ___________________________________ Petitioner
v.
Dainik Bhaskar & Ors __________________________ Respondent(s)
WITH
SLP(Crl) No. 1011/2019 (II-A)
SLP(Crl) No. 4693/2019 (II-A)
(FOR ADMISSION and I.R. and IA No. 76275/2019-CONDONATION OF DELAY IN FILING and IA No. 76276/2019-EXEMPTION FROM FILING O.T.)
SLP(Crl) No. 4691/2019 (II-A)
This petition was called on for hearing today.
(Before R. Banumathi and A.S. Bopanna, JJ.)
For Petitioner(s) Ms. Rashmi Singhania, AOR
Mr. A.P. Dhamija, Adv.
Mr. Sarad Kumar Singhania, AOR
For Respondent(s) Ms. Srishti Singh, AOR
UPON hearing the counsel the Court made the following
ORDER
7. Delay condoned.
8. Leave granted.
9. In view of settlement arrived at between the parties, the impugned judgment of the High Court is set aside and these appeals are allowed. The summons issued to the appellants shall stand quashed.
10. Pending applications stand disposed of.
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