M/S Bhopal Insulation And ... vs M/S Bhawardeep Copper Strips Pvt. ...
2021 Latest Caselaw 8687 MP

                                                                               1                                CRR-1791-2020
                                                   The High Court Of Madhya Pradesh
                                                            CRR No. 1791 of 2020

(M/S BHOPAL INSULATION AND ELECTRICALS Vs M/S BHAWARDEEP COPPER STRIPS PVT. LTD.)

Jabalpur, Dated : 13-12-2021 Shri Richard Rahul Rajoor, counsel for the applicant.

As far as the maintainability of this petition is concerned, counsel appearing for the applicant has placed reliance upon the judgment passed by the Supreme Court in the case of Vivek Rai and another Vs. High Court of Jharkhand through Registrar General and others reported in 2015

(10) SCC 86 and also in the case of Damodar S.Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663; wherein, it is observed that in the cases of Negotiable Instruments Act High Court can exercise inherent powers to dispense with the surrendering of the accused in the matter, looking to the facts and exceptional circumstances of the case.

It is pointed out that the revisionist is aged about 80 years and she has already paid the entire amount as directed by the learned trial Court to the complainant.

In such circumstances, parties are directed to mark their presence

before the Registrar (J-II) of this Court on 20 th December, 2021 for recording the factum of compromise entered into between the parties.

List immediately after receipt of the report.

(VISHAL MISHRA) JUDGE

taj

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.12.14 10:51:07 IST