IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION(CRL.)NO.547 OF 2010

HARISH KUMAR BHATIA ... PETITIONER

VERSUS

FAMILY CREDIT LIMITED ... RESPONDENT

O R D E R This Transfer Petition is filed under Section 406 of the  

Criminal Procedure Code for transfer of Case No.C/63915/09 under  

Section 138 of the Negotiable Instruments Act,1881 titled  Family  

Credit Limited Vs. Harish Kumar Bhatia, pending in the Court No.5,  

MM, Kolkata to the Court of Chief Judicial Magistrate, Civil Courts,  

Agra, U.P.

Heard the learned counsel for the parties. The petitioner had voluntarily undertaken to pay a sum of  

Rs.28,000/- in full and final settlement between the parties vide  

order dated 18.03.2011 of this Court.   For that purpose, this Court  

had granted six months' time to the petitioner to make the payment.  

It was also clarified in our order that “if the sum of Rs.28,000/-  

is not paid, the Transfer Petition will be deemed to be dismissed.”  

Today, learned counsel for the petitioner submits that she  

had not received any instructions from the petitioner regarding the  

payment.  We do not intend to adjourn the matter any further.  It is  

made  clear  that if, for any reason,  the   petitioner fails to pay

: 2 :

a sum of Rs.28,000/-, which was undertaken by him, to the respondent  

within  four  weeks  from  today,   the  Transfer  Petition  will  

automatically be deemed to be dismissed without further reference to  

the Court.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; 12TH DECEMBER, 2011