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$-15 HIGH COURT OF DELHI
CRLM.C. 2060/2011 & Crl.M.A.No.7459/2011(stay)
FARWOOD INDUSTRIES LTD & ORS Petitioners
Through : Mr.S.Muthukrishnan & Mr.Muthukunnar, Advs.
Through : Mr.Manoranjan Podhi & Mr.A.Pathak, Advs.
15.09.2011
ORDER
1. Learned counsel for the petitioners submits that vide settlement dated 15.09.2011 arrived at between the parties before Delhi High Court Mediation and Conciliation Centre, the respondent has agreed not to peruse the case and he has no objection, if the complaint case filed under Section 138 NI Act is quashed as settled.
2. Mr.Suveet Kaira, authorized representative of the respondent, who is present in person and has been identified by learned counsel. AR of the respondent submits that respondent is not interested in pursuing complaint case CRLM.C. 2060/2011 Page 1 of[3] 2011:DHC:12566 No.2490/2010 under Section 138 Nl Act pending before the Trial Court. As per the settlement, petitioners have agreed to pay a total sum of Rs.16.00 lacs to respondent. Out of which, cheque amounting to Rs.1,34,000/- is involved in the present case.
3. As per the settlement, on receipt of the payment of Rs.16.00 lacs by way of installments from 30.09.2011 to 30.05.2012, as enumerated at page No.2, para No.7 (c) of the settlement, respondent has agreed to withdraw the five ^ cases under Section 138 NI Act including the case involved in this present petition, pending before the learned Metropolitan Magistrate, Saket Courts, New Delhi viz, CC Nos.2490/1; 2491/1; 4483/1; 4484/1; & 4485/1.
4. In view of the settlement arrived at between the parties, C.C.No.2490/2010 filed by respondent against the petitioner Nos.l to 3 pending in the Trial Court under Section 138 Nl Act and emanating arising thereto, if any, are ^ quashed.
5. While, quashing the above complaint case, mentioned CRL.M.C. 2060/2011 Page 2 of[3]. V above, 1impose a costs of Rs.l.OOlac each upon petitioner Nos.[2] Si 3, the directors of petitioner No.l connpany. The costs shall be deposited within two weeks in favour of 'Delhi Child Welfare Fund at Curzon Road, New Delhi'. Proof of the same shall be placed on record.
6. It is made clear that if the parties further approach this Court to get the other cases quashed, as are mentioned in the settlement, then no costs shall be imposed for other matters.
7. Accordingly, Criminal M.C.No.2060/2011 is allowed in above terms.
8. Consequently, Criminal M.A.No.7459/2011 renders infructuous and disposed of as such.
9. Dasti.
SEPTEMBER 15, 2011 SURESH KAIT, J CRLM.C. 2060/2011 Page 3 of[3] I J