O K Karnik v. Babhubali Enterprises P.Ltd

Delhi High Court · 16 May 2013 · 2013:DHC:6862
Kailash Gambhir
2013:DHC:6862
criminal petition_allowed

AI Summary

The Delhi High Court quashed four criminal complaints under Section 138 of the Negotiable Instruments Act following an amicable settlement and full payment by the petitioner to the respondent.

Full Text
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1/\ fr S-67 to 70 HIGH COURT OF DELHI CRL.M.C.92r/2007
O.K.KARNIK..... Petitioner
Through Mr. Anil Grover and Ms. Noopur Singhal, Advs.
VERSUS
BABHUBALI ENTERPRISES P.LTD.
Through Mr. Anil Dutt, Adv. AND
CRL.M.C. 1830/2010
O K KARNIK..... Petitioner
VERSUS
BAHUBALI ENTERPRISES P.LTD.
' ..... Respondent . Through Mr. Anil Dutt, Adv.
AND
CRL.M.C.824/2011 s
2013:DHC:6862 i J * t*' VCTSUS BAHUBALI ENTERPRISES..... RespoLqg.$!
AND
CRL.M.C.825I2OII VCTSUS BAHUBALI ENTERPRISES PVT LTD..... Respondent
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
ORDER oh 16.05.2013 By this order I propose to dispose of these four petitions separately a filed by these petitioners seeking quashing of criminal complaint bearing
Nos. 1253/06. 1128106. 169/1A and L70/lA under Section 138 of the
Negotiable Instruments Act, 1881.
Mr. Anil Grover, counsel appearing for the petitioner and Mr. Anil Dutt, counsel appearing for the respondent submit that in terms of the setllement agreement dated 18.1.2013 both the parties have amicably settled their disputes and the petitioner has paid an amount of Rs. 15,69,200.27/- to the respondent towards full and final settlement of the amounts involved in all the four complaint cases filed by the respondent. The Respondent, who is prcsent in Court has confirmed the receipt of the said amount from the petitioner. Counsels for the parties subrnit that with the said settlement arrived at between the parties, no dispute of any nature now survives between the parties with regard to the said complaint cases.
I have heard learned counsel for the partics.
Since the inter se disputes between the parties have been amicably settled, I am of the view that no useful pu{pose would be served in keeping thc said complaint cases and the proceedings arising therefrom against the petitioner alive any further. Consequently, complaint bearing Nos. 1253106, 1728106, 169/IA and 170/IA under Section 138 of the Negotiable
Instrument Act and the criminal proceedings arising therefrom are hereby quashed.
The petitions stand disposed of accordingly. rF"-
- A lAl VW KAILAMI GAMBHIR, J MAY 16,2013 rkr
JUDGMENT