Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION(CRL.)NO.547 OF 2010
HARISH KUMAR BHATIA ... PETITIONER
VERSUS
FAMILY CREDIT LIMITED ... RESPONDENT
O R D E R
This Transfer Petition is filed under Section 406 of the
Criminal Procedure Code for transfer of Case No.C/63915/09 under
Section 138 of the Negotiable Instruments Act,1881 titled Family
Credit Limited Vs. Harish Kumar Bhatia, pending in the Court No.5,
MM, Kolkata to the Court of Chief Judicial Magistrate, Civil Courts,
Agra, U.P.
Heard the learned counsel for the parties.
The petitioner had voluntarily undertaken to pay a sum of
Rs.28,000/- in full and final settlement between the parties vide
order dated 18.03.2011 of this Court. For that purpose, this Court
had granted six months' time to the petitioner to make the payment.
It was also clarified in our order that “if the sum of Rs.28,000/-
is not paid, the Transfer Petition will be deemed to be dismissed.”
Today, learned counsel for the petitioner submits that she
had not received any instructions from the petitioner regarding the
payment. We do not intend to adjourn the matter any further. It is
made clear that if, for any reason, the petitioner fails to pay
: 2 :
a sum of Rs.28,000/-, which was undertaken by him, to the respondent
within four weeks from today, the Transfer Petition will
automatically be deemed to be dismissed without further reference to
the Court.
.......................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
12TH DECEMBER, 2011