Shanta Syal vs. Angad Enterprises

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S).900 OF 2015 (@ SPECIAL LEAVE PETITON (CRIMINAL) NO(S).310 OF 2014)

SHANTA SYAL AND ANR. APPELLANT(S)

VERSUS

NT(S)

nts

O R D E R

Heard learned counsel for the parties.

Leave granted.

Learned counsel for the appellants submitted that the appellants are neither the partners of the firm nor they have signed the cheque and they are wrongly impleaded in the proceedings under Section 138 of the Negotiable Instruments Act and this aspect of the matter has not been considered while issuing summons by the trial court as also the High Court. Learned counsel for the appella

produced documents to substantiate the aforesaid plea.

Signature Not Verified

Digitally signed by Vinod Kumar It is open for the appellants to file an

Date: 2015.07.13 14:32:20 IST Reason:

application along with these documents and other relevant documents and the concerned Magistrate shall consider the 2

same before proceeding for the trial and decide the case and pass appropriate order in accordance with law after hearing both the parties.

With the aforesaid observation and liberty, the appeal is disposed of.

M/S ANGAD ENTERPRISES RESPONDE

...................J. (V. GOPALA GOWDA)

....................J. (S.A. BOBDE)

NEW DELHI, JULY 10, 2015

3 ITEM NO.58 COURT NO.10 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 310/2015 (Arising out of impugned final judgment and order dated 08/08/2014 in CRLM No. 719/2013 passed by the High Court Of Delhi At New Delhi) SHANTA SYAL AND ANR. Petitioner(s) VERSUS M/S ANGAD ENTERPRISES Respondent(s) (with interim relief and office report) Date : 10/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. P.K. Dey, Adv. Mr. Vijay Pal Singh, Adv. Mr. Ansar Ahmad Chaudhary,Adv. For Respondent(s) Mr. Ritesh Agrawal,Adv. UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties. Leave granted. The appeal is disposed of in terms of the signed order. (VINOD KR.JHA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER

(Signed order is placed on the file)