REGENT COMPUTRONICS PVT. LTD.

DAYAWATI Appellant

V/S

Yogesh Kumar Gosain Respondents

Referred Judgements :-

SAILENDRA NARAYAN BHANJA DEO VS. STATE OF ORISSA [REFERRED TO]
UNION TERRITORY OF TRIPURA VS. GOPAL CHANDRA DUTTA CHOUDNURI [REFERRED TO]
BALDEV DAS SHIVLAL VS. FILMISTAN DISTRIBUTORS INDIA PRIVATE LIMITED [REFERRED TO]
PASUPULETI VENKATESWARLU VS. MOTOR AND GENERAL TRADERS [REFERRED TO]
SULEMAN NOORMOHAMED AMD OTHERS VS. UMARBHAI JANUBHAI [REFERRED TO]
GURPREFT SINGH VS. CHATUR BHUJ GOEL [REFERRED TO]
SALEM ADVOCATE BAR ASSOCIATION TAMIL NADU VS. UNION OF INDIA [REFERRED TO]
GOAPLAST PRIVATE LIMITED VS. CHICO URSILA DSOUZA [REFERRED TO]
SALEM ADVOCATE BAR ASSOCIATION VS. UNION OF INDIA [REFERRED TO]
AMTESHWAR ANAND VS. VIRENDER MOHAN SINGH [REFERRED TO]
PARAYYA ALLAYYA HITTALAMANI VS. PARAYYA GURULINGAYYA POOJARI [REFERRED TO]
SNEH GUPTA VS. DEVI SARUP [REFERRED TO]
VIJAYAN VS. SADANANDAN K [REFERRED TO]
DAMODAR S PRABHU VS. SAYED BABALAL H [REFERRED TO]
AFCONS INFRASTRUCTURE LTD VS. CHERIAN VARKEY CONSTRUCTION CO P LTD [REFERRED TO]
KAUSHALYA DEVI MASSAND VS. ROOPKISHORE [REFERRED TO]
R VIJAYAN VS. BABY [REFERRED TO]
K N GOVINDAN KUTTY MENON VS. C D SHAJI [REFERRED TO]
K N GOVINDAN KUTTY MENON VS. C D SHAJI [REFERRED TO]
HINDUSTAN MOTORS LIMITED VS. AMRITPAL SINGH NAYAR [REFERRED TO]
RAMESHBHAI SOMABHAI PATEL VS. DINESHBHAI ACHALANAND RATHI [REFERRED TO]
GIAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
K. SRINIVAS RAO VS. D.A. DEEPA [REFERRED TO]
INDIAN BANK ASSOCIATION VS. UNION OF INDIA [REFERRED TO]
SREELAL VS. MURALI MENON [REFERRED TO]
MADHYA PRADESH STATE LEGAL SERVICES AUTHORITY VS. PRATEEK JAIN [REFERRED TO]

JUDGEMENT

(1.) The legal permissibility of referring a complaint cases under section 138 of the NI Act for amicable settlement through mediation; procedure to be followed upon settlement and the legal implications of breach of the mediation settlement is the subject matter of this judgment. Shri Bharat Chugh, as the concerned Metropolitan Magistrate (NI Act) - Central - 01/THC/Delhi, when seized of Complaint Case Nos.519662/2016 and 519664/2016 (Old Complaint Case Nos.2429/2015 and 2430/2015) under section 138 of the Negotiable Instruments Act ("NI Act" hereafter) passed an order dated 13th January, 2016, the following questions under section 395 of the Criminal Procedure Code, 1973 ("Cr.P.C" hereafter) to this court for consideration :

(2.) Given the importance of the questions raised in criminal law, by an order dated 15th March, 2016, we had appointed Mr. Siddharth Aggarwal, Advocate as amicus curiae in the matter. On the 20th of July 2016, having regard to the nature of the above issues which had been crystallized by the ld. Metropolitan Magistrate and in view of their extensive experience on all aspects of mediation, we had also appointed Mr. J.P. Sengh, Sr. Advocate as well as Ms. Veena Ralli, Advocate (currently Member and Organizing Secretary respectively of the Organizing Committee of Samadhan - Delhi High Court Mediation and Conciliation Centre), both senior and experienced mediators, as amici curiae in the matter.

(3.) Court notice was also issued to the counsel for the parties in both CC Nos.2429/2015 and 2430/2015, Dayawati v. Yogesh Kumar Gosain pending in the court of the Metropolitan Magistrate for appearance before us and they stand represented through counsel before us.

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DAYAWATI Vs. YOGESH KUMAR GOSAIN

Referred Judgements :-

JUDGEMENT

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