9911796707
TMI Blog2015 (4) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... ry, 2015 in the complaint case Title "M/s Arun International vs M/s Shree Shyam Enterprises & Ors." bearing No. 399/1/12 passed by Metropolitan magistrate Rohini District Courts, Delhi whereby the petitions were ordered to be returned for want of territorial jurisdiction in view of the decision rendered by the Supreme Court. 2. The brief facts are that the petitioner has filed Criminal Complaint bearing No.399/1/12 against the respondent No.2 before the Chief Metropolitan Magistrate, Rohini Courts under the provisions of Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act") on the facts that respondent No.2 approached to the Petitioner and purchased SS Circle, against the said purchased the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the Magistrate and the Court frame the notice under section 251 Cr.P.C. and the Respondent No.2 pleaded not guilty and claim trial. On the same day the Application under Section 145(2) was allowed by the Court and further allowed the Respondent No.2 used to cross examine the petitioner/complainant. 6. Thereafter with the consent of both the parties the matter referred to the mediation centre, Rohini District Courts. The matter was settled in the mediation centre vide dated 9th October, 2013. Copy of the Settlement of Mediation Centre, Rohini District Courts, Delhi is placed on record. The statement of the respondent No. 2 was further recorded before the Magistrate in the Court on dated 25th November, 2013. Copy of the statement r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned petitions were issued but despite of service, no one appeared on behalf of respondent No.2. 9. Hence the order dated 16th February, 2015 passed by the Metropolitan Magistrate, Rohini District Courts, Delhi in the Criminal Complaint bearing No.399/1/12 titled as "M/s Arun International Vs. M/s. Shree Shyam Enterprises & Ors." is quashed qua the petitioner. The Metropolitan Magistrate is directed to pass the appropriate judgment in accordance with the circumstances in the matter against the respondent No.2 without any further delay on the basis of the statement made in mediation and to the court. 10. The present petitions are accordingly allowed. The petitioner is entitled for cost of Rs. 10,000/- each to be payable by the respondent N ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
