M/S Achleshwar Fincaps Ltd v. Surinder Mohan Sharma
CRM-A-748-MA-2018 CRM-A-776-MA-2018 - 1- CRM-A-748-MA-2018 CRM-A-776-MA-2018 M/S ACHLESHWAR FINCAPS LTD V/S SURINDER MOHAN SHARMA ***
Present:
Mr. G.S. Sirphikhi, Advocate for the applicant-appellant(s).
Mr. Vipin Mahajan, Advocate for the respondent. *** Mr. Vipin Mahajan, Advocate has put in appearance and has filed vakalatnama on behalf of the respondent, which is taken on record. Counsel appearing for the applicant-appellant submits that the present leave to appeal were filed against acquittal in the year 2018 and they have a very good case on merit.
On the contrary, respondent's counsel submits that the judgments of acquittal are well reasoned and leave to appeal should not be granted. He further submits that in case, this Court grants leave to appeal and admits the main appeals, its turn will not come for hearing for decades, as such pendency of the appeals may be treated in-consequential for the respondents. Leave to appeal is granted.
Counsel for the respondent further submits that he be exempted from furnishing bail bonds/ surety bonds before the concerned trial Court or Chief Judicial Magistrate. He undertakes to comply with the orders if the judgment of acquittal is reversed and would comply with the directions passed by the Court. Given such undertaking, there shall be no need to furnish bail bonds/ surety bonds by the respondent.
Registry to communicate this order to the trial Court without any delay. Main appeals Admit.
List for final hearing on its own turn as per queue following the roster in the said category.
Sonia Puri 2024.11.22 18:12 I attest to the accuracy and integrity of this document
CRM-A-748-MA-2018 CRM-A-776-MA-2018 - 2- It is clarified that pendency of the present appeals before this Court shall be inconsequential in any manner whatsoever.
Liberty reserved to the parties to file application for mediation, if stage comes. Photocopy of this order be placed on the file of the connected case. (Anoop Chitkara) Judge 22.11.2024 Sonia Puri Sonia Puri 2024.11.22 18:12 I attest to the accuracy and integrity of this document