LAFARGE AGGREGATES & CONCRETE INDIA P. LTD versus SUKARSH AZAD & ANR

LAFARGE AGGREGATES & CONCRETE INDIA P. LTD versus SUKARSH AZAD & ANR

The High Court had quashed the complaint under Section 138 of the Negotiable Instruments Act by ex-parte order. The appellant failed to offer sufficient cause for non-appearance, justifying dismissal of the application for recall. Appeals against both the recall order and ex-parte order are dismissed due to lack of merit and delay. However, in the interest of equity, respondents are directed to pay a lump sum of Rs.5 lakhs to the appellant, considered overall compensation for the dishonoured cheque.

Parties
Appellant/complainant: Lafarge Aggregates & Concrete India P. Ltd; Respondent: Sukarsh Azad; Respondent: Anr (another respondent, not specifically named)
Jurisdiction
India
Judgment Date
10 September 2013
Procedural Posture
Criminal Appeal / Supreme Court Judgment Following Appeals Against Ex Parte and Recall Orders of the High Court
Outcome
Appeals dismissed on merit and/or delay with direction for payment.
Legal Topics
Negotiable Instruments Act S.138, Dishonour of Cheque, Quashing of Complaint, Stop Payment, Recall of Ex Parte Order, Code of Criminal Procedure S.482
Criminal Law Banking Law Negotiable Instruments Act S.138 Dishonour of Cheque Quashing of Complaint Stop Payment Recall of Ex Parte Order Code of Criminal Procedure S.482

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Parties

Lafarge Aggregates & Concrete India P. Ltd

Appellant/complainant

Sukarsh Azad

Respondent

Anr (another respondent, not specifically named)

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment Following Appeals Against Ex Parte and Recall Orders of the High Court

Legal Issues

  1. 1 Whether the High Court was justified in quashing the complaint and consequential proceedings under Section 138 of the Negotiable Instruments Act by ex-parte order.
  2. 2 Whether the appellant offered sufficient cause for non-appearance to recall the ex-parte order.
  3. 3 Whether payment offered by respondents justifies dismissal of proceedings under Section 138 of the Negotiable Instruments Act.

Ratio Decidendi

The High Court had quashed the complaint under Section 138 of the Negotiable Instruments Act by ex-parte order. The appellant failed to offer sufficient cause for non-appearance, justifying dismissal of the application for recall. Appeals against both the recall order and ex-parte order are dismissed due to lack of merit and delay. However, in the interest of equity, respondents are directed to pay a lump sum of Rs.5 lakhs to the appellant, considered overall compensation for the dishonoured cheque.

Court Disposition

Appeals dismissed on merit and/or delay with direction for payment.

Orders

  • Respondents directed to make Rs.5 lakhs payment by demand draft to appellant, treated as overall compensation for dishonoured cheque, including interest.
  • No prosecution to continue if appellant refuses payment; complaint cannot be pursued against these respondents.