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2016 Judgement 13-Mar-2019 PDF
2016 Judgement 13-Mar-2019 PDF
REPORTABLE
VERSUS
BALKRISHNA Respondent(s)
JUDGMENT
Leave granted.
1881.
Digitally signed by
MANISH SETHI
Date: 2019.05.10
consideration was Rs. 1.75 crores. The agreement records that
12:22:38 IST
Reason:
an amount of Rs. 1.25 crores was paid in cash and as for the
1 “CrPC”
2
balance, two post dated cheques were issued, each in the amount
of Rs 25 lakhs.
funds”. The second cheque dated 2 July 2013 was returned with
CrPC before the High Court in which the impugned order has been
On this basis, the High Court held that under the terms
Court, have not been issued for creating any liablity or debt
Hence, it has been submitted that the order passed by the High
which was the subject of the agreement to sell nor was there
learned Single Judge of the High Court that the cheques were
not issued for creating any liability or debt, but ‘only’ for
dated 21 June 2013 and hence could not have been adverted to in
passed by the High Court in the petition under Section 482 CrPC
opinion on the merits of the issues which may arise during the
.............................J.
(DR. DHANANJAYA Y. CHANDRACHUD)
.............................J.
(HEMANT GUPTA)
NEW DELHI
MARCH 13, 2019
6
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
VERSUS
BALKRISHNA Respondent(s)
WITH
SLP(Crl) No. 4610/2016 (II-A)
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE HEMANT GUPTA
For Petitioner(s)
Mr. Shyam Divan, Sr. Adv.
Mr. Santosh Kumar, Adv.
Mr. Visushant Gupta, Adv.
Mr. Mushtaq Ahmad, AOR
For Respondent(s)
Mr. Akshat Shrivastava, AOR
Ms. Pooja Shrivastava, Adv.
Leave granted.
judgment.