National Small Industries Corporation Limited v. Manju Sharma

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Present: Petitioner in person with Mr.Kunal Sinha, Advocate.
Ms.Jasbir Kaur, APP for the respondent NO.1/State.
Mr. Khurshid Subhan Siddiqui, Sr.Branch Manager of respondent No.2 Corporation with Mr.Sanat Kumar, Advocate.
+Crl.M.C.No.S48/2011
This is a petition under Section 482 Cr.P.c. seeking quashing of complaint No.9161/1 under Section 403,405,418,420 & 424 IPC IPC P.S.
Rajouri Garden titled National Small Industries Corporation Limited(NSIC
Ltd) Vs. Manju Sharma on the ground that the subject matter of the
- complaint is in the nature of civil dispute which has been amicably settled between the parties and now there is no dispute left.
It is submitted on behalf of the petitioner that on 14.02.1988, the petitioner entered into a hire purchase agreement for purchase of socks knitting machines with NSIC Ltd. and agreed to pay hire purchase value of
~ 2,32,357/- in 10 half yearly instalments, first instalment of ~ 20,983/- was payable on 01.10.1992 and subsequent 9 instalments of ~ 20,981/- each were payable after every six months thereafter. The machines were duly supplied by respondent No.2 NSIC Corporation. The petitioner, however, failed to pay instalments because of business losses and this led to filing of instant complaint against the petitioner.
It is submitted that there was no intention to cheat on the part of the petitioner and the dispute is basically of civil nature which has been amicably settled and the petitioner has paid the settlement amount of
~10,12,000/- vide two cheques of ~5 lakhs and ~5,12,000/- respectively r,.-:-;
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2011:DHC:10643
~ which have been encashed by the respondent Corporation. Learned counsel for the petitioner submits that with the aforesaid payment, now there is no dispute left, as such it would be futile exercise to prosecute the petitioner who is a woman pursuant to the complaint filed by respondent
No.2.
Shri Khurshid Subhan Siddiqui, Sr. Branch Manager of respondent
No.2 Corporation submits that he is General Power of Attorney of the
Corporation and he has been duly authorised by the Chairman-cum-
Managing Director of the Corporation Shri. H.P. Kumar to appear on behalf of the respondent No.2 Corporation and settle/compromise the dispute.
He confirms that respondent No.2 has settled the matter in dispute with the petitioner and pursuant to the settlement, amount of ~10,12,2000/- has been received. He further submits that Shri R.K. Tyagi, Dy.
Manager(Law) of respondent"No.2 Corporation has filed an affidavit in this regard to confirm the settlement. Authorised representative of respondent No.2 further submits that now there is no dispute left and the respondent No.2 does not want the petitioner to be prosecuted and has no objection if the complaint filed by respondent No.2 being complaint
No.9161/1 in the court of M.M., Tis Hazari Courts as well as the proceedings arising out of the same are quashed.
As the parties have arrived at an amicable settlement, in my considered view, it will be a futile exercise to continue with the complaint and prosecute the petitioner who is a lady with clean antecedents having no past involvement in any crime. Accordingly, the petition is allowed and
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~ the complaint case No.9161/1 under Section 403,405,418,420 & 424 IPC i
IPC P.S. Rajouri Garden titled National Small Industries Corporation
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Limited(NSIC Ltd) Vs. Manju Sharma and the proceedings arising out of the same are hereby quashed.
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(AJIT BHARIHOKE)
JUDGE
AUGUST 04, 2011 mr
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