AI Structured Summary
Not yet generated for this judgment
Judgment
Goutam Bhaduri, J
Learned counsel for the petitioners submit that the petitioners are aged about 78 & 73 years respectively and different civil suits were pending
wherein the decree was passed in favour of the petitioners and it was held that the goods which were supplied to respondent No.2 were not
substandard and the same fact was also observed by this Court in CRMP No.195 of 2006 wherein this Court on 14.08.2007 has observed that
quashment of entire criminal proceedings on the ground that a decree was passed by a competent civil Court cannot be allowed particularly in view of
the pendency of the civil appeal. He would further submit that the civil appeal has also been dismissed and the petitioners are aged about 78 & 73
years, therefore, the arrest warrant which has been issued against the petitioners may be canceled.
Perusal of the documents filed along with the petition would show that the parties were litigating before the different forum. Considering the facts
circumstances of the case and the documents, it is directed that the petitioners may appear before the Court below and may apply for bail and
cancellation of the warrant within a further period of 30 days from today and the trial Court may decide the same on such surrender on the same day
keeping in view the age of the petitioners. Till then no coercive steps shall be taken against the petitioners.
With such observation, the CRMP stands disposed of.