BT&FC PVT LTD AND ANR vs STATE & ANR

S.P.GARG, J. (Oral)

CRL.M.A.No. 6609/2018

1.Since the matter has been settled between the parties, the file is taken up today for disposal.

2.The application stands disposed of.

3.The date already fixed in the matter i.e. 26.04.2018 stands cancelled.Â

CRL.REV.P. 278/2018, CRL.M.B. 533/18 & CRL.M.A.No.6610/18 1. Present revision petition has been preferred by the petitioners to challenge the

legality and correctness of a judgment dated 26.03.2018 of learned Addl. Sessions Judge in Crl.A. No.50/2017 by which findings of the learned Trial

Court convicting the petitioners including M.V.Muralidhar, Managing Director, BT&FC Pvt. Ltd. for commission of offences under Section 138

Negotiable Instruments Act were endorsed. Â

2.Today, Mr.Saitsh Chandra Pandey, Assistant Company Secretary representing the complainant / respondent No.2 â€" M/s. Radico Khaithan Ltd.

has appeared along with counsel. He informs that the matter has been settled / compounded between the parties. The complainant has no

objection to the disposal of the revision petition as settled / compounded.

3.I have enquired from Mr.Saitsh Chandra Pandey,Assistant Company Secretary - representative of respondent No.2 / complainant if the matter has

been settled / compounded with the petitioners with free consent without any fear or pressure. He informs that the matter has been settled with the

petitioners amicably with free consent and pursuant to the settlement certain payments have been made. The complainant has no objection to the

disposal of the present revision petition as compounded / settled.

4.This Court is satisfied that the matter has been settled between the parties amicably. In view of the settlement, the present revision petition is

disposed of as settled / compounded. The petitioners are acquitted of the charge.

5.As per the directions of the Hon’ble Supreme Court, the petitioners are liable to pay costs as the matter has been settled at the revisional

stage. Learned counsel for the petitioners has prayed to take lenient view as petitioner No.2 M.V.Muralidhar is in custody since 26.03.2018.

6.Considering the facts and circumstances of the case and the economic condition of the petitioners whereby petitioner No.2 remained in custody

since 26.03.2018, lenient view is taken and costs `3.5 lacs are imposed. This amount shall be deposited by the petitioners within two weeks before

the Trial Court. Registry shall ensure its compliance.

7.The revision petition stands disposed of. Â

8.Pending applications also stand disposed of.

9.Copy of the order be sent to the Court concerned.Â

Intimation be sent to the Superintendent Jail. Â