Allowed

Shri Makaboolsab S/O Imamsab Makandar v. Hussainbeg Yane Nissar Mahaboob Beg Guddunavar

Karnataka HC2 Aug 2023CRL.A/100008/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka recalled the non-bailable warrant and disposed of the criminal appeal by acquitting the respondent for cheque dishonour after an amicable settlement was reached between the parties.

What did the court decide?

Non-Bailable Warrant recalled and respondent acquitted/discharged for Section 138 NI Act offences.

Shri Makaboolsab S/O Imamsab Makandar Vs Hussainbeg Yane… — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC-D:8141 CRL.A No. 100008 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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CRIMINAL APPEAL NO.100008/2023 (A)

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BETWEEN:

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SHRI MAKABOOLSAB S/O. IMAMSAB MAKANDAR, AGE: 47 YEARS, OCC: WELDING WORK, R/O: YELLAPUR ROAD, MUNDAGOD, TAL. MUNDAGOD, DIST: UTTARA KANNADA-581349.

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…APPELLANT

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(BY SRI CHETAN MUNNOLI, ADVOCATE)

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AND:

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HUSSAINBEG YANE NISSAR MAHABOOB BEG GUDUNAVAR, AGE: 32 YEARS, OCC: BUSINESS, R/O:ANAND NAGAR, MUNDAGOD TQ: MUNDAGOD, DIST: UTTARA KANNADA 581349.

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Digitally signed by SUJATA SUBHASH PAMMAR

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…RESPONDENT (BY SRI ABHISHEK KALLED, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO CALL FOR THE RECORDS OF THE CASE BEARING CC NO.367/2013 ON THE FILE OF JMFC, MUNDGOD AND SET ASIDE THE ORDER DATED 25.02.2022 PASSED IN C.C.NO.367/2013 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MUNDAGOD FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT.

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THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC-D:8141 CRL.A No. 100008 of 2023

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JUDGMENT

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The learned counsel for the respondent/accused has filed application under 70(2) R/w Section 482 of the Code of Criminal Procedure, 1973 for recalling the Non-Bailable Warrant issued against respondent/accused.

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The respondent/accused present before the Court. 3. The Non-Bailable Warrant issued to

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respondent/accused is recalled.

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Learned counsel for the appellant and respondent filed joint memo stating that both the appellant and respondent have amicably settled the dispute between them and accordingly, filed joint memo along with the signature of the appellant and respondent and with the signature of their respective advocates.

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