IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.230 OF 2009 (Arising out of S.L.P. (Crl.) No.757 of 2001)

Ravimakam        ...Appellant(s)

Versus

Emilda Richards & Anr.       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

By the impugned order, High Court quashed the prosecution of Emilda

Richards and Richards Arokyaraj, respondents herein, under Sections 409 and 420 of

the Indian Penal Code, 1860 only on the ground that by an order dated 17.8.1998

passed in Criminal O.P. No.3312 of 1998, prosecution of co-accused, L. Adaikalaraj,

Pepsi  Foods  (P)  Ltd.,  through  its  Managing  Director  and  Ramesh  Vangal  was

quashed. It is borne out from the record that the appellant had filed special leave

petition against the order passed by the High Court in Criminal O.P. No.3312 of 1998

but criminal appeal arising out of SLP and connected matters were permitted to be

withdrawn in view of the compromise arrived at between the parties.

....2/-

- 2 -

Having heard learned counsel appearing for the parties and perused the

complaint, we are of the view that the High Court was not justified in quashing the

prosecution of the respondents.   

Accordingly, the appeal is allowed and impugned order is set aside.  The

Trial Court shall now proceed with the case so far as the respondents are concerned

in accordance with law.

Needless to say that this order shall not, in any manner, affect the case of

the parties during the trial.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, February 06, 2009.