M/S. Anjuman Tea Company Ltd v. Rajat Fiscal Services Pvt Ltd.

19.4.2023 SB Ct. No.236 CRR 578 of 2011 CRAN 1 of 2015 In the matter of : M/s. Anjuman Tea Company Ltd. Despite service of notice none is appearing on behalf of either of the parties.

Upon perusal of record, I find that on 01.7.2014, Mr. Ayan Bhattacharyya, learned counsel appeared on behalf of the petitioner and submitted that parties were trying to settle their dispute amicably out of Court. On 03.7.2015, it was submitted that parties have settled their dispute amicably out of Court and a joint application in the form of CRAN would be filed soon. On 10.3.2015, CRAN application was filed in the department, wherefrom I find that parties have come to a settlement on 10.10.2014 and executed an agreement which has been annexed as Annexure - 'A'.

Briefly stated, an application under Section 138 of the N.I. Act was filed by Rajat Fiscal Services Pvt. Ltd. against M/s. Anjuman Tea Company Limited which was disposed of by learned Chief Metropolitan Magistrate, Calcutta by recording an order of conviction. The convict made an unsuccessful attempt by challenging the said order of conviction in Criminal Appeal No. 49 of 2010 and thereafter filed this application under consideration. During pendency of this application, the parties have settled their dispute.

Under such circumstances, I do not find any reason to stand in the way.

In view of the subsequent development, the impugned judgement stands quashed.

With this observation, the criminal revision along with application being CRAN 1 of 2015 stands dismissed. Let a copy of the order along with lower Court record be sent to the learned Trial Court for information and necessary action.

(Siddhartha Roy Chowdhury, J.)