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High Court of DelhiCRL.L.P./13/2013

Crompton Greaves Ltd. Thr. Its Prop. Pankaj Kumar v. Global Technologies And Trading Thr. Its Prop. Pawan Kumar And Aman Kumar

2015-09-18Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 13/2013 CROMPTON GREAVES LTD. THR. ITS PROP. PANKAJ KUMAR ..... Petitioner Through Mr.Sanjeev Sagar, Adv. with Mr.Jasvin Dhama, Adv.

versus GLOBAL TECHNOLOGIES AND TRADING THR. ITS PROP. PAWAN KUMAR AND AMAN KUMAR ..... Respondent Through Mr.Manvinder Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 18.09.2015 The petitioner had preferred a complaint against the respondent for dishonour of the cheque amounting to Rs.1,25,710.20/-. The aforesaid complaint was dismissed vide judgment and order dated 20.11.2012 by the Trial Court.

A leave to appeal was filed by the petitioner vide Criminal Leave Petition No.13/2013.

During the pendency of the aforesaid petition, the matter was settled by the mediation centre at Delhi High Court Mediation And Conciliation Centre.

The settlement agreement was drawn up on 16.09.2015 in which it was agreed between the parties that the petitioner would receive a total amount of Rs.50,000/- towards full and final settlement of all his claims

against the respondent. The respondent, by way of the arrangement referred to above, was to give a post-dated cheque drawn on Kotak Bank favouring Crompton Greaves Ltd., the petitioner.

It was assured by the respondent that on the presentation of such cheque on due date, the same would be honoured. Considering the fact that the parties have settled their dispute, no useful purpose would be served in allowing this criminal leave to appeal to continue on board for adjudication.

However, it has been submitted on behalf of the petitioner that the cheque amount was of Rs.1,25,710.20/- but because of mediation and settlement, he has agreed to accept Rs.50,000/- towards full and final settlement of all his claims.

In that view of the matter, learned counsel for the petitioner seeks to reserve his right for reviving the present petition in case the post-dated cheques given by the respondent, in accordance with the settlement referred to above, is not honoured/paid.

The present petition is permitted to be withdrawn with the liberty aforesaid.

The petition is disposed of accordingly.

ASHUTOSH KUMAR, J SEPTEMBER 18, 2015 ab