VANASTHALI INVESTMENTS PRIVATE LIMITED Vs. STATE & ORS

JUDGEMENT

(1.) Both these petitions have been filed invoking the inherent power of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Article 227 of the Constitution of India to raise questions as to the correctness, legality and propriety of similar orders passed by the Metropolitan Magistrate on 21.07.2015 in the context of two different complaint cases (CC Nos. 50/10/12 and 51/10/12) which were instituted by the petitioner (hereinafter the complainant) against the private party respondents herein, each alleging offence under Section 138 of the Negotiable Instruments Act, 1881. By the impugned orders, the application of the private party respondents (the accused) for refund of the amount of Rs. 38 lakhs that had been earlier paid by them to the complainant were granted and the Metropolitan Magistrate called upon the petitioner (the complainant) to submit the same in the form of fixed deposit receipt.

(2.) Though the private party respondents (the accused persons) were duly served and had even appeared through counsel, seeking to resist these petitions by way of replies earlier submitted, at the hearing, there is no appearance on their behalf.

(3.) The background facts leading to the petitions at hand being filed, simply put, are that aside from the two criminal cases involving offences under Section 138, Negotiable Instruments Act, 1881, the parties were involved in other litigation, this including the criminal cases arising out of FIR No. 1278/2010 that had been registered at the instance of the petitioner by police station Sector 20, Noida (U.P.) involving offences punishable under Sections 467/468/471/420/506 of Indian Penal Code, 1860 (IPC). The parties were referred to mediation by orders dated 18.10.2012 and 24.10.2013 in the proceedings in the complaint cases from which the present petitions arise. They entered into a settlement agreement dated 22.01.2014, copy whereof has been submitted with these petitions. Going by the terms of settlement, arrived at through mediation, the accused persons were to pay to the complainant, a total amount of Rs. 62,50,000/- and out of the said amount Rs. 38 lakhs was to be paid as the first instalment, this inclusive of Rs. 33 lakhs which was passed on in the form of demand draft at the time of signing of the settlement agreement and the balance of Rs. 5 lakhs which had already been deposited in the court of Metropolitan Magistrate and was agreed to be released to the complainant with no objection from the accused persons. It was agreed that the complainant would cooperate and the accused persons would move Allahabad High Court with the prayer for quashing of the FIR that had been registered in Noida (U.P.). It was further agreed that the balance amount of Rs. 24.50 lakhs would be paid "the moment", the quashing of the FIR "was done by the competent court of jurisdiction".