ORDER 1. Leave granted. 2. Heard Mr. Ranveer Singh, learned counsel for the appellant and Mr. Jayant Bhushan, learned senior counsel for the respondent No.2. Learned counsel for the parties have submitted that they have arrived at a settlement. The memorandum of settlement reads as follows:- This memorandum of Understanding is made and executed at New Delhi on this 16th day of January, 2018, by and between. M/s. Grand Venezia Commercial Towers Ltd. a company incorporated under the Companies Act, 1956 having its registered office at 28 Raja Garden, New Delhi through its Authorized representative Mr. Aman Bhalla hereinafter referred to as "FIRST PARTY" (which expression shall unless repugnant to the subject or context or meaning thereof be deemed to include its respective executors, administrator, legal representatives and permitted assignees). A copy of the board of resolution authorising it authorized representative to execute the present MoU is annexed herewith as Annexure A. And Ms. Queency Bhasin w/o Satinder Singh Bhasin aged about 40 years r/o D-24, Rajouri Garden, New Delhi, hereinafter referred collectively to as the Second Party And M/s. C.D. Impex through its Partner Mr. Anuj Aggarwal, 15, G.T. Road, Chaudhary More, Ghaziabad, Uttar Pradesh, hereinafter referred to as the Third Party, which expression unless repugnant to the context hereof shall mean and include his legal heirs, successors, nominee(s) and assigns, etc. WHEREAS the First Party is in the business of real estate and the Third Party have invested a sum of Rs. 5 crores in the year 2013 in the First Party and Rs. 2 crore in M/s. Dhoomketu Builders & Developers Pvt. Ltd. Whereas an account of certain differences the Third Party has filed 138 Negotiable Instrument Act case against M/s. Dhoomketu Builders and Developers Pvt. Ltd. and its officials and against the First Party, bearing Complaint Case No.4260 of 2016 pending in the Court of Addl. Chief Judicial Magistrate-IV, Ghaziabad. Whereas the aforesaid complaint is pending challenge in criminal Special Leave Petition bearing No.9527/2016 before the Hon'ble Supreme Court of India. Whereas on account of intervention of the Hon'ble Court and parties, the parties to the instant MoU have resolved their disputes amicably amongst themselves. Whereas the parties have mutually decided on the terms and conditions detailed hereinafter. Now These Presents Witnesseth And The Parties Hereby Agree As Follows: 1. That the first party has agreed to pay a total amount of Rs.
Whereas the parties have mutually decided on the terms and conditions detailed hereinafter. Now These Presents Witnesseth And The Parties Hereby Agree As Follows: 1. That the first party has agreed to pay a total amount of Rs. 12 crore to Third Party for its liability and liability of M/s. Dhoomketu Builders & Developers Pvt. Ltd. and liability of Queency Bhasin. 2. That out of the above amount of Rs. 12 crore, the following amounts are already paid to Third Party and the Third Party confirms having received this amount in full and final as per details hereunder:- S. No. Date Amount 1 13.09.2014 Rs. 25,00,000 2 04/02/16 Rs. 7,50,000 3 04/02/16 Rs. 7,50,000 4 26.12.2017 Rs. 50,00,000 Rs.90,00,000 Paid through Hon'ble Supreme Court 1 08/12/16 Rs. 2,00,00,000 2 27.03.2017 Rs. 1,00,00,000 Rs. 3,90,00,000 3. That the First Party has agreed to pay the balance sum of Rs. 8.10 crore to the Third Party against its payment in full and final settlement as per payment plan hereunder:- S. No. Date Amount 1 On for before 23.01.2018 Rs. 1,50,00,000 2 On for before 30.09.2018 Rs. 6,60,00,000 4. That the Third party undertakes not to pursue its criminal Complaint Case No.4260 of 2016 pending in the Court of Addl. Chief Judicial Magistrate-IV, Ghaziabad. 5. That the parties agrees to get the criminal Special Leave Petition bearing No.9527/2016 disposed off in terms of the settlement thereby quashing Complaint Case No.4260 of 2016 pending in the Court of Addl. Chief Judicial Magistrate -IV, Ghaziabad against 1) M/s. Dhoomketu Builders & Developers Pvt. Ltd., 2) Sh. Jaswant Singh Bhasin, 3) Sh. Satinder Singh Bhasin and Ms. Queency Bhasin. 6. That First Party and Second Party are giving their undertaking along with the instant Memorandum of Settlement to honor the above payment plan, failing which the Third Party is at liberty to take appropriate measures in accordance with law including contempt proceedings. 7. That the consent of the parties to the instant Memorandum of Settlement has been given voluntarily and has not been given or obtained by force, fraudl, coercion, undue influence or misrepresentation. 8. That the Third Party confirms that they have no outstanding from the Second Party and the entire liability of the Second Party stands settled in full. 9.
7. That the consent of the parties to the instant Memorandum of Settlement has been given voluntarily and has not been given or obtained by force, fraudl, coercion, undue influence or misrepresentation. 8. That the Third Party confirms that they have no outstanding from the Second Party and the entire liability of the Second Party stands settled in full. 9. That the instant Memorandum of settlement is executed in two copies, one copy to be retained by First Party and third copy to be retained by Third Party. 10. The undertakings attached to the settlement are also accepted and taken on record. 11. In view of the aforesaid settlement, we are inclined to dispose of the appeal and, resultantly, the order passed by the High Court is set aside and the complaint initiated under section 138 of the Negotiable Instruments Act, 1881, pending before the court of Additional Chief Judicial, Magistrate-IV, Ghaziabad, Uttar Pradesh, stands quashed. The appeal is, accordingly, disposed of.