Sri Khuddus Pasha vs. N. Ravi Kumar

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRIMINAL APPEAL NO. 436 OF 2016 (@Petition(s) for Special Leave to Appeal (Crl.) No(s). 1791/2014) (Arising out of impugned final judgment and order dated 06/12/2013 in CRLRP No. 696/2013 passed by the High Court of Karnataka at Bangalore) SRI KHUDDUS PASHA Appellant(s) VERSUS N.RAVI KUMAR Respondent(s) (With office report) (For final disposal) Date : 02/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Nagmohan Das, Sr. Adv. Mr. Anand Sanjay M. Nuli, Adv. Mr. Dharm Singh, Adv. M/s. Nuli & Nuli,Adv. For Respondent(s) Ms. V. Mohana, Sr. Adv. Mr. Sabarish Subramanian, Adv. M/s. Legion Of Lawyers,Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The Appeal is disposed of in terms of the signed order. (VISHAL ANAND) (SNEH LATA SHARMA) COURT MASTER COURT MASTER (Signed Order is placed on the file) Signature Not Verified Digitally signed by VISHAL ANAND Date: 2016.05.03 17:01:09 IST Reason: IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.436/2016 (@Petition(s) for Special Leave to Appeal (Crl.) No(s).1791/2014) SRI KHUDDUS PASHA Appellant(s) VERSUS N.RAVI KUMAR Respondent(s) O R D E R

Leave granted.

¢ ITEM NO.46 COURT NO.10 SECTION IIB

Heard learned Senior counsel appearing for the parties.

It has been pointed out before us that the only question in the matter is whether the evidence which has been filed by way of an affidavit is admissible and should be gone into by the Court.

We have addressed the issue in the light of the decisions of this Court, more particularly in the context of Section 145 (1) and (2) of the Negotiable Instruments Act, 1881 and uphold the challenge.

In view of that, we remand the matter before the first Appellate Court to decide the case on merits, without being influenced by any order/observation passed/made by this Court or by the High Court.

We further request the First Appellate Court to dispose of the matter within a period of six months from today. We further suspend the impugned order which has been passed by

the Court for four weeks.

Accordingly, the present Appeal is disposed of in the afore-stated terms.

......................J (PINAKI CHANDRA GHOSE)

......................J (AMITAVA ROY)

NEW DELHI; 2ND MAY, 2016.