1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1528/2019 (Arising out of Special Leave Petition (Crl)No.1069/2019) BAJRANG TRIPATHI Appellant(s) VERSUS M/S VIDHYAWATI CONSTRUCTION COMPANY & ANR. Respondent(s) O R D E R Leave granted. The appellant was convicted under Section 138 of the Negotiable Instruments Act (in short ‘NI Act’) and sentenced to imprisonment of one year and fine of Rs.50,00,000/-. The appeal filed by the appellant was allowed and he was acquitted. The Appellate Court held that the respondent-complainant has failed to prove that the cheque in dispute was issued for an enforceable debt. The Appellate Court further held that the appellant was successful in refuting the presumption under Section 138 of the NI Act. That apart, the Appellate Court was of the opinion that the complainant was unable to prove that the appellant had knowledge of the notice which was
2 sent by the complainant and that the appellant deliberately avoided the service of notice. The High Court allowed the Criminal revision filed by the respondent and remanded the matter back to the appellate court for fresh consideration. The only point that was adjudicated by the High Court pertains to the service of notice on the appellant and the consequences of the appellant avoiding notice which is the complaint of the respondent. The High Court failed to deal with the other findings of the First Appellate Court that the offence was not made out by the complainant before remanding the matter. In view of such findings of the Appellate Court not having been dealt with by the High Court, we are of the opinion that the matter needs to be remitted back to the High Court to consider the findings recorded by the Appellate Court on merits. Therefore, we set aside the judgment of the High Court and remand the matter to the High Court for fresh consideration. We have not expressed any opinion on the merits of the case. We are informed by the learned counsel for the respondent that the trial commenced in the year 2008. Taking note of the pendency of the case for a long time, we request the High Court to decide the Criminal Revision expeditiously.
3 The appeal is accordingly allowed. Pending application, if any stand disposed of. .................... J ( L.NAGESWARA RAO ) .................... J (HEMANT GUPTA) NEW DELHI; 4 th October, 2019
4 ITEM NO.35 COURT NO.9 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 for Special Leave to Appeal (Crl)No.1069/2019 BAJRANG TRIPATHI Appellant(s) VERSUS M/S VIDHYAWATI CONSTRUCTION COMPANY & ANR. Respondent(s) (With application for exemption from filing O.T.) Date : 04-10-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Appellant(s) Mr. R.Venkatramani,Sr.Adv. Mr. Navin Prakash, AOR Mr. Ravindra Nath Tripathi,Adv. Mr. Ved Vyas Tripathi,Adv. Mr. Praveen Vignesh,Adv. For Respondent(s) Mr. Pawanshree Agrawal, AOR Ms. Abhipsa Anamika,Adv. Mr. Ardhendumauli Kumar Prasad, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order. Pending application, if any stand disposed of. (B.Parvathi) (Sunil Kumar Rajvanshi) Court Master Court Master (Signed order is placed on the file)
ITEM NO.38 COURT NO.8 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).1069/2019 (Arising out of impugned final judgment and order dated 06-08- 2018 in CRLR No. 463/2013 passed by the High Court Of Judicature At Allahabad) BAJRANG TRIPATHI Petitioner(s) VERSUS M/S VIDHYAWATI CONSTRUCTION COMPANY & ANR. Respondent(s) ( IA No. 11336/2019 - EXEMPTION FROM FILING O.T.) Date : 02-09-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Navin Prakash, AOR Mr. Ravindra Nath Tripathi, Adv. Mr. Ved Vyas Tripathi, Adv. Ms. Jaikriti S. Jadeja, Adv. For Respondent(s) Mr. Pawanshree Agrawal, AOR Abhipsa Anamika, Adv. Mr. Ardhendumauli Kumar Prasad, AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for the petitioner, list the matter after four weeks. (GEETA AHUJA) (SUNIL KUMAR RAJVANSHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.78 REGISTRAR COURT. 2 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (Crl.) No(s). 1069/2019 BAJRANG TRIPATHI Petitioner(s) VERSUS M/S VIDHYAWATI CONSTRUCTION COMPANY & ANR. Respondent(s) Date : 11-04-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Ved Vyas Tripathi,Adv. Mr. Navin Prakash, AOR For Respondent(s) Mr. Pawanshree Agrawal, AOR Mr. Abhipsa Anamika,Adv. Mr. Ardhendumauli Kumar Prasad,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks’ time is given to both respondents to file the counter affidavit. After expiry of four weeks, the matter be processed for listing before the Hon'ble Court under the rules. RAJESH KUMAR GOEL Registrar MG
ITEM NO.38 COURT NO.14 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 1003/2019 (Arising out of impugned final judgment and order dated 06-08-2018 in CRLR No. 463/2013 passed by the High Court Of Judicature At Allahabad) BAJRANG TRIPATHI Petitioner(s) VERSUS M/S VIDHYAWATI CONSTRUCTION COMPANY & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.11331/2019-CONDONATION OF DELAY IN FILING and IA No.11336/2019-EXEMPTION FROM FILING O.T. ) Date : 28-01-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Mr. R.Venkatramani,Sr.Adv. Mr. Ravindra Nath Tripathi,Adv. Mr. Navin Prakash, AOR Mr. Ved Tripathi,Adv. Ms. Meetu Singh,Adv. Mr. Praveen Vighnesh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. The operation of the impugned judgment and order shall remain stayed, until further orders. (B.Parvathi) (Kailash Chander) Court Master Assistant Registrar