Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11CC NI ACT 2669/2023
VASU POLYMERS INDIA PVT LTD Vs. AARAV PACKAGING PVT LTD/0 (Shalimar
Bagh)
Proceedings conducted online through Video Conferencing using CISCO WEBEX
Software.
Counsels are directed to appear with Camera open.
Presence of the accused will not be marked if his or her video is off.
04.06.2024
Present : SH D R Jain, Ld. Counsel for complainant.
Matter is listed for arguments on the application for compounding of the present
complaint made on behalf of the accused.
Put up again at 02.00 pm.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/04.06.2024
At 02.00 pm
Present: Sh. D R Jain, Ld. Counsel for complainant.
Sh. Arun Mehta, Ld. Counsel for the accused.
Matter is listed for arguments for the application of compounding filed on behalf
of the accused.
At this stage, Ld. Counsel for complainant submits that Complainant is ready to
withdraw the present complaint if the accused makes the payment of the cheque amount. He
further requests this court that litigation expenses be also awarded in favour of the
Complainant.
Heard. Record perused.
The application for compounding of the present complaint was made on behalf of
the accused on the first date of effective hearing i.e. when the accused had marked his first
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appearance before the court. It is a part of record that accused was ready to make the payment
of full cheque amount on the last date of hearing however it was the Complainant who had
refused to accept the same. Therefore the matter was put up for arguments on the point of
compounding. The abovesaid submissions of the accused and complainant were recorded in
detail in order sheet dated 07.03.2024. The contents of the same are not repeated herein for the
sake of brevity.
This court is of considered opinion that as the accused persons had proposed for
paying the cheque amount on the very first effective date of hearing, imposing any penalty or
cost upon them will set a bad precedence and will further discourage the accused persons to
make the proposal of settlement/payment of cheque amount on his first appearance which
would ultimately be not in spirit and law laid down in judgment of the Hon’ble Supreme Court
in the case of Damodar S Prabhu Vs. Sayed. Babulal 2010 which clearly gives an opportunity
the accused to appear before the court and compound the matter on the first two hearing.
Ld. Counsel for the complainant has been asked whether the Complainant will
withdraw the complaint only on the payment of the cheque amount without any litigation cost
or not to which Ld. Counsel for complainant answers in affirmative and submits that
Complainant is ready to withdraw the complaint provided payment is made today.
Ld. Counsel for the accused submits that accused had cheque of Rs. 50,00,000/-
ready with him on the last date of hearing. However as the Complainant refused to accept the
same the validity of the cheque got expired. He further submits that accused needs a time of 10
days to make this payment of Rs. 50,00,000/- as payment of Rs. 45,00,000/- is already made to
the Complainant today in connected matter i.e. CC NI Act 4283/2023, titled as “Vasu Polymers
India Pvt Ltd Vs.Aarav Packaging Pvt Ltd”.
Accused has been asked whether he can make the payment through online mode
today to the Complainant to which he submits that he needs time to engage funds for the
payment of cheque amount in this case.
Ld. Counsel for the complainant vehemently opposes the submissions of the
accused and submits that Complainant was ready to withdraw the present Complainant on the
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condition that the accused will make the payment today only.
As the delay is caused by the accused in making the payment in this case, the
accused is burdened with the cost of Rs. 5,000/- which is to be paid to the Complainant as
penalty for delayed payment on the next date of hearing.
Accused is at liberty to hand over the cheque or make payment by way of on line mode
to the Complainant before the next date of hearing.
The present complaint is for a sum of Rs 50,00,000/-.
As the Ld. Counsel for complainant has given his statement that he will withdraw
the present complaint upon payment of the Rs. 50,00,000/- by the accused, and penalty of Rs.
5,000/- let withdrawal statement be signed on the next date of hearing upon confirmation of
the payment of the cheque and penalty amount.
Put up again for verification of payment/withdrawal of the present complaint on
27.06.2024.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/04.06.2024
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