Quashed

B D Agarwal v. M/S M G F India Ltd, Jaipur and Anr.

Rajasthan HC4 Sept 2018CRLMP/1167/2011

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice G R Moolchandani, in two connected petitions, quashed criminal proceedings under Section 138 of the Negotiable Instruments Act after reviewing a mediation report confirming that the parties had amicably settled the dispute and payment was made to the complainant.

What did the court decide?

Quashing of criminal trial No. 159/2000 sub-judice in the court of Additional Chief Judicial Magistrate No. 6, Jaipur Metropolitan.

B D Agarwal Vs M/S M G F India Ltd, Jaipur and Anr. — Cheque Dishonour | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1167/2011

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B.D. Agarwal S/o Shri Daulat Ram Agarwal, Director M/s Crystal Stone Sport Ltd. 10, Paliwal Farm, Sanghi Farm Mahaveer Nagar, Tonk Road, Jaipur

¶4

----Petitioner

¶5

Versus

¶6

M/s M.G.F. India Ltd. having its registered office M.G.F. House Asif Ali Road, New Delhi and regional office 102-104 Makhija Chambers, Saraswati Marg, M.I. Road, Jaipur through power of Attorney Holder Vikram Sharma S/o Shri V.K. Sharma

¶7

2 M/s. Crystal Stone Sports Ltd. 10, Paliwal Farm, Sanghi Farm Mahaveer Nagar, Tonk Road, Jaipur

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous (Petition) No. 1168/2011

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B.D. Agarwal S/o Shri Daulat Ram Agarwal, Director M/s Crystal Stone Sport Ltd. 10, Paliwal Farm, Sanghi Farm Mahaveer Nagar, Tonk Road, Jaipur

¶12

----Petitioner

¶13

Versus

¶14

M/s M.G.F. India Ltd. having its registered office M.G.F. House Asif Ali Road, New Delhi and regional office 102-104 Makhija Chambers, Saraswati Marg, M.I. Road, Jaipur through power of Attorney Holder Vikram Sharma S/o Shri V.K. Sharma

¶15

2 M/s. Crystal Stone Sports Ltd. 10, Paliwal Farm, Sanghi Farm Mahaveer Nagar, Tonk Road, Jaipur

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----Respondent

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For Petitioner(s) : Mr. R.P. Garg For Respondent(s) : Mr. Sudesh Saini, PP Mr. Harsh Sharma for Mr. Anil Mehta

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HON'BLE MR. JUSTICE G R MOOLCHANDANI

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Order

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04/09/2018

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Learned counsel for both the sides are present and have submitted that disputing parties have settled their dispute

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[CRLMP-1167/2011]

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(2 of 2)

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amicably and mediation has remained successful. Report transmitted by Mediation Centre dt. 31.07.2018 reflects that the parties have settled their dispute amicably, both the sides admit that amount payable under Section 138 of the Negotiable Instruments Act, 1881 has also been paid to complainant respondent M/s MGF India and now there is no dispute between the parties, so the proceedings sub-judice before the trial court, be quashed.

¶25

Heard both the sides and perused the mediation report dt. 31.07.2018, which reveals that both the sides have settled their dispute amicably through mediation.

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In view of the settlement between the parties, proceedings in respect of criminal trial No. 159/2000 sub-judice in the court of Additional Chief Judicial Magistrate No. 6, Jaipur Metropolitan, are quashed.

¶27

Let copy of the order be transmitted to concerned trial court for the needful.

¶28

Instant petitions stand disposed of in aforesaid terms.

¶29

(G R MOOLCHANDANI),J

¶30

Ashu/11-12

B D Agarwal v. M/S M G F India Ltd, Jaipur and Anr.

Case brief

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What did the court decide?

B D Agarwal v. M/S M G F India Ltd, Jaipur and Anr.

Case brief

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