40579 of 2017 Page 4 of 9 their precarious financial companydition, they approached respondent No.
M s. Consistent was doing business with the said Company for quite some time and Mr. Vilas Birajdar Proprietor of M s. Consistent introduced respondent No.
2 to the appellants since he had interest to invest.
2 and 3 in the said criminal proceedings.
111/435/2010 Mines/2214.
As the appellants were number in a position to deposit further amount as agreed, due to Special Leave Petition Criminal Diary No.
Said Company also had legal authority to load and unload the iron ore and, for that purpose, the Government of Goa had allocated a plot at Kothambi vide letter No.
267 of 2012 with Chatushrungi Police Station, Pune, Maharashtra for the offence punishable under Sections 406, 420, 467, 471 and 34 of IPC alleging that the appellants and original accused No.1/Mr. Birajdar has companymitted fraud.
2 would be entitled to withdraw the deposited amount of Rs.87 lakhs along with interest accrued thereon and, in addition, the appellants would also pay a further sum of Rs.5 lakhs.
Discussions ensued and the parties were again successful in settling the matter.
The appellants are original accused Nos.
1,42,50,000/ in two instalments with the Registry of the High Court and this amount was to be invested in Fixed Deposits Bonds, pending trial.
It was also agreed that both the parties would approach the High Court invoking its inherent jurisdiction for quashing the FIR lodged by respondent No.2 against the appellants.
In accordance with the said settlement, the appellants deposited Rs.87 lakhs in the Registry of the High Court.
40579 of 2017 Page 1 of 9 and is engaged in the business of logistics and iron ore supply and equipped with all necessary approvals and registrations for doing the business.
It was agreed that respondent No.
K. SIKRI, J. Delay companydoned.
Leave granted.
To this end, the appellants as well as respondent No.
They are the Signature Not Verified Digitally signed by ASHWANI KUMAR Date 2018.02.03 Directors of M s. Karl Logistics for short said Company , a 124431 IST Reason companypany registered under the provisions of Companies Act, 1956 Special Leave Petition Criminal Diary No.
2 is the companyplainant who has lodged the FIR against the appellants bearing Crime No.
267 of 2012 registered by Chatushrungi Police Station, Pune, Maharashtra for the offence punishable under Sections 406, 420, 467, 471 and 34 of Indian Penal Code IPC .
Accordingly, Memorandum of Understanding for short MoU came to be executed between M s. Karl Logistics signed by appellant No.
Respondent No.
These settlement talks were fructified into a settlement dated November 2, 2012 when companysent terms came to be executed between the parties.
In the meantime, the parties started negotiating with each other.
Accordingly, two post dated cheques were issued by the appellants viz.
The appellants moved the application for anticipatory bail in the aforesaid proceedings which was granted by the High Court of Judicature at Bombay.
2 again to work out the possibility of deciding the dispute once and for all.
