Supreme CourtDivision Bench(2019) 12 SC CK 0255

Madhav Kumar Swarup vs State of Uttar Pradesh & Ors

Supreme Court Of India · Decided on 18 December 2019

HON’BLE JUDGES
L. Nageswara Rao, J · Hemant Gupta, J
RESULT
Disposed Of
CASE NUMBER
Special Leave to Appeal (Crl.) No. 9570 Of 2016

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Judgment

7 paragraphs · 266 words

Respondent No.2 in both the petitions who was working as a Lecturer in Gandhi Mechanical Engineering Polytechnic, Muzaffarnagar filed a complaint against the petitioners who are the Chairman and other employees of the Institution. A complaint alleging offences under Sections 420, 467, 468, 471, 409 and 120B of the IPC for wrongful deduction of salary. Respondent No.2 also filed a civil suit for recovery of an amount of Rs.2100/-. The civil suit was dismissed. Learned counsel for Respondent No.2 states that she has no instructions as to whether an appeal was filed against the order passed by the civil court.

The trial Court by an order dated 15.7.2002 issued bailable warrants against the petitioners as they were not present when the matter was called. The petitioners approached the High Court by filing a writ petition challenging the order dated 15.7.2002 which was dismissed by an order dated 30.9.2016.

The dispute pertains to an amount of Rs.2100/- which was wrongly deducted from the salary of Respondent No.2 during the year 1995-1996.

Without adverting to the merits of the order passed by the trial Court and the High Court, we are of the considered view that the complaint made by Respondent No.2 shall be closed on the petitioners in the above Special Leave Petitions paying an amount of Rs.50,000/- to Respondent No.2.

The complaint filed by Respondent No.2 in Case No.480 of 1999 pending before the Additional Chief Judicial Magistrate, Muzzafarnagar shall stand dismissed on payment of the amount as directed above.

The Special Leave Petitions stand disposed of accordingly.

Pending application(s), if any, also stand disposed of.