M/S. CRANEX LTD. AND ANR. versus M/S. NAGARJUNA FINANCE LTD. AND ANR.

M/S. CRANEX LTD. AND ANR. versus M/S. NAGARJUNA FINANCE LTD. AND ANR.

The Supreme Court set aside the High Court's order on interlocutory applications and remitted the matter to the appellate court to consider subsequent events, including the settlement and deposit of cheque amount, for disposing the appeal in accordance with law. The appellate court may set aside conviction or impose sentence as deemed fit after considering the respondent's stand regarding withdrawal of deposited amount.

Parties
Appellant: MIS. CRANEX LTD.; Appellant: Appellant-2 (representing Appellant-I firm); Respondent: MIS. NAGARJUNA FINANCE LTD.; Respondent: Respondent-2
Jurisdiction
India
Judgment Date
14 September 2000
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court Against High Court Order in Interlocutory Proceedings
Outcome
appeal disposed of; High Court order on interlocutory applications set aside; matter remanded to appellate court
Legal Topics
Negotiable Instruments Act, Section 138, Dishonour of Cheque, Settlement in Criminal Appeal
Criminal Law Negotiable Instruments Act Section 138 Dishonour of Cheque Settlement in Criminal Appeal

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Parties

MIS. CRANEX LTD.

Appellant

Appellant-2 (representing Appellant-I firm)

Appellant

MIS. NAGARJUNA FINANCE LTD.

Respondent

Respondent-2

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court Against High Court Order in Interlocutory Proceedings

Legal Issues

  1. 1 whether the High Court order on interlocutory applications should be set aside due to settlement between the parties
  2. 2 effect of subsequent settlement and deposit of cheque amount on conviction and sentence under Section 138 NI Act

Ratio Decidendi

The Supreme Court set aside the High Court's order on interlocutory applications and remitted the matter to the appellate court to consider subsequent events, including the settlement and deposit of cheque amount, for disposing the appeal in accordance with law. The appellate court may set aside conviction or impose sentence as deemed fit after considering the respondent's stand regarding withdrawal of deposited amount.

Court Disposition

appeal disposed of; High Court order on interlocutory applications set aside; matter remanded to appellate court

Orders

  • Appellate court to consider subsequent events including payment of Rs. 5,96,688 under settlement
  • Appellate court to dispose appeal in accordance with law, considering respondent's counsel's statement