M/S Winsome Breweries Ltd. v. M/S Bhoruka Power Corporation Ltd. & Ors.

Delhi HC6 Feb 2025CRL.L.P./425/2022

Case brief

AI extract

What is this about?

Winsome Breweries Ltd v. Bhoruka Power Corporation Ltd & Ors., CRL.L.P. 425/2022, High Court of Delhi, Jasmeet Singh, J., 06.02.2025 — leave to appeal against acquittal under Section 138 N.I. Act (MM, Saket, Complaint Case No. 42998/19); cheque amount already paid; settlement of Rs. 6 lakhs in full and final settlement; leave to appeal disposed; appeal infructuous; revival clause if unpaid.

What did the court decide?

Leave to appeal disposed of on the basis of settlement: respondents to pay Rs. 6 lakhs to the petitioner within two weeks in full and final settlement; consequential appeal infructuous; petitioner at liberty to revive the petition if the amount is not paid. ¶¶22

M/S Winsome Breweries Ltd. Vs M/S Bhoruka Power Corporation… — Cheque Dishonour | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether leave to appeal should be granted against the judgment dated 01.07.2022 of acquittal under Section 138 N.I. Act, given the petitioner's contention that the complaint could not have been closed without the consent of the complainant.

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Ratio / Principle

Upon the parties arriving at a settlement during arguments — the respondents agreeing to pay a further sum of Rs. 6 lakhs to the petitioner within two weeks, which the petitioner accepted in full and final settlement, with the statements of both counsel taken on record and binding the parties — the leave to appeal is disposed of, and consequently the appeal has become infructuous.

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Key takeaways

In case the amount of Rs. 6 lakhs is not paid, the petitioner shall be entitled to revive the present petition.ratio¶¶23
The respondents' agreement to pay another sum of Rs. 6 lakhs to the petitioner within two weeks was recorded, the statement of the respondents' counsel was taken on record, and the respondents were held bound by the same.ratio¶¶20

Detailed headnote1 paragraphs

High Court of Delhi (Jasmeet Singh, J.) — CRL.L.P. 425/2022, decided 06.02.2025. Petition for leave to appeal against the judgment dated 01.07.2022 of the learned MM (N.I. Act), South-East, Saket, in Complaint Case No. 42998/19, whereby the respondents (M/s Bhoruka Power Corporation Ltd & Ors.) were acquitted of the offence punishable under Section 138 of the N.I. Act. The petitioner contended that the complaint could not have been closed without the complainant's consent. Since the cheque amount had admittedly already been paid, the parties settled during the hearing: the respondents agreed to pay a further Rs. 6 lakhs to the petitioner within two weeks, accepted in full and final settlement, and the statements of both counsel were taken on record and binding. The leave to appeal was disposed of, the consequential appeal becoming infructuous, with liberty to the petitioner to revive the petition if the amount is not paid.

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.L.P. 425/2022

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M/S WINSOME BREWERIES LTD .....Petitioner

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Through: Mr. Anant Guatam, Adv.

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versus

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M/S BHORUKA POWER CORPORATION LTD & ORS.

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.....Respondents

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Through: Mr. Sudhir Nandrajog, Senior Advocate with Mr. Krishanu Barua, Adv.

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R

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% 06.02.2025

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As there was holiday on 05.02.2025, the matters of the said date are taken up for hearing today i.e. 06.02.2025.

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This is a petition seeking leave to appeal against the judgment dated 01.07.2022 passed by learned MM (N.I. Act), South-East, Saket in Complaint Case No. 42998/19, wherein the learned MM acquitted the respondents for the offence punishable under Section 138 of N.I. Act.

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Admittedly, the cheque amount has already been paid by the respondents to the complainant.

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Mr. Gautam, learned counsel for the petitioner states that the impugned judgment is bad in law as the complaint could not have been closed without the consent of the complainant which is missing here.

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However, after some arguments in the Court, the parties have arrived

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:42:42

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at a settlement. The respondents have agreed to pay another sum of Rs. 6 lakhs to the petitioner within two weeks from today, which is acceptable to the petitioner. The statement of the counsel for the respondents is taken on record and the respondents are bound by the same.

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The statement regarding accepting Rs.6 lakhs in full and final settlement made by the petitioner’s counsel Mr. Gautam, on instructions of Mr. Shantanu Bagrodia (present in court and identified by the counsel) is also taken on record and the petitioner is bound by the same.

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With these directions, the leave to appeal is disposed of, and consequentially, the appeal has become infructuous.

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In case, the amount of Rs. 6 lakhs is not paid, the petitioner shall be entitled to revive the present petition.

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The petition is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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FEBRUARY 6, 2025/ pratibha

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Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:42:42

M/S Winsome Breweries Ltd. v. M/S Bhoruka Power Corporation Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

M/S Winsome Breweries Ltd. v. M/S Bhoruka Power Corporation Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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