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$-20/21 HIGH COURT OF DELHI
CRL.M.C. 295/2018 and Crl.
M.A. no. 1131/2018
M/S DIVINE INFRACON PVT LTD & ORS Petitioners
Through Mr. Shailender Bhardwaj, Ms. Aroma S. Bhardwaj, Ms. Rehana Ahmed, Advs.
CRL.M.C. 295/2018 and Crl.
M.A. no. 1131/2018
M/S DIVINE INFRACON PVT LTD & ORS Petitioners
Through Mr. Shailender Bhardwaj, Ms. Aroma S. Bhardwaj, Ms. Rehana Ahmed, Advs.
VERSUS
SMTPAMMI GULATI Respondent
Through Mr. Rajeev Shanna and Mr. Satish Kumar Dixit, Advs.
Through Mr. Rajeev Shanna and Mr. Satish Kumar Dixit, Advs.
AND
CRL.M.C. 2122/2018 and Crl.
M.A. no. 7567/2018
M/S DIVINE INFRACON PVT LTD & ORS Petitioners
Through Mr. Shailender Bhardwaj, Ms. Aroma S. Bhardwaj, Ms. Rehana Ahmed, Advs.
M.A. no. 7567/2018
M/S DIVINE INFRACON PVT LTD & ORS Petitioners
Through Mr. Shailender Bhardwaj, Ms. Aroma S. Bhardwaj, Ms. Rehana Ahmed, Advs.
VERSUS
PAMMI GULATI Respondent
Through Mr. Rajeev Sharma and Mr. Satish Kumar Dixit, Advs.
Through Mr. Rajeev Sharma and Mr. Satish Kumar Dixit, Advs.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
16.11.2018 It is submittedthat cheques involved in these petitions were issued by the tenant, that is, M/s. Divine Infracon Pvt. Ltd. (petitioner no. 1) to the
2018:DHC:8269 landlord, namely, Smt. Pammi Gulati (respondent). Since cheques were dishonoured, respondent filed complaints under Section 138 of the
Negotiable Instruments Act, 1881 ("the Act", for short) against petitioner no. 1, wherein other petitioners were impleaded as accused under Section
142 of the Act.
It is submitted that matter has now been settled between the petitioner no. 1 and respondent. Petitioner no. 1 has agreed to purchase the tenanted property from respondent. Agreement to Sell dated 11 July, 2018 has been executed between the parties. On receipt of the entire payment and execution of Sale Deed, in terms of the Agreement to Sell, respondent will withdraw her complaints. In view of the settlement, present petitions are disposed of. Liberty is granted to the petitioners to get the present petitions revived, in case the complaints are not withdrawn by the respondent even after compliance of the terms as stipulated in the Agreement to Sell dated
11'^ July, 2018.
Miscellaneous applications are disposed of as infructuous.
A.K. PATHAK, J.
NOVEMBER 16, 2018 r.bararia 2018:DHC:8269
16.11.2018 It is submittedthat cheques involved in these petitions were issued by the tenant, that is, M/s. Divine Infracon Pvt. Ltd. (petitioner no. 1) to the
2018:DHC:8269 landlord, namely, Smt. Pammi Gulati (respondent). Since cheques were dishonoured, respondent filed complaints under Section 138 of the
Negotiable Instruments Act, 1881 ("the Act", for short) against petitioner no. 1, wherein other petitioners were impleaded as accused under Section
142 of the Act.
It is submitted that matter has now been settled between the petitioner no. 1 and respondent. Petitioner no. 1 has agreed to purchase the tenanted property from respondent. Agreement to Sell dated 11 July, 2018 has been executed between the parties. On receipt of the entire payment and execution of Sale Deed, in terms of the Agreement to Sell, respondent will withdraw her complaints. In view of the settlement, present petitions are disposed of. Liberty is granted to the petitioners to get the present petitions revived, in case the complaints are not withdrawn by the respondent even after compliance of the terms as stipulated in the Agreement to Sell dated
11'^ July, 2018.
Miscellaneous applications are disposed of as infructuous.
A.K. PATHAK, J.
NOVEMBER 16, 2018 r.bararia 2018:DHC:8269
JUDGMENT