Allowed

Sri T M Paneendra v. Sri R S Deepak Kumar

Karnataka HC5 Dec 2023CRL.A/736/2014

Case brief

AI extract

What is this about?

A criminal appeal was filed challenging an acquittal regarding an offence under Section 138 NI Act. The Court recorded a compromise agreement where the respondent agreed to pay a settlement sum. The appeal was allowed and disposed of in terms of the recorded compromise.

What did the court decide?

Application under Section 147 NI Act allowed; compromise recorded; criminal appeal disposed of.

Sri T M Paneendra Vs Sri R S Deepak Kumar — Cheque Dishonour | Karnataka HC (2023)

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1 - NC: 2023:KHC:43881 CRL.A No. 736 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE G BASAVARAJA

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CRIMINAL APPEAL NO. 736 OF 2014

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BETWEEN:

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SRI. T. M. PANEENDRA, S/O T.K.MADHU RAO, AGED ABOUT 44 YEARS, R/AT NO.676, 14TH MAIN, 67TH CROSS, 1ST STAGE, KUMARASWAMY LAYOUT, BANGALORE - 560 078.

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…APPELLANT

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(BY SRI. PRADEEP NAIK K, ADVOCATE)

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AND:

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Digitally signed by SANDHYA S Location: High Court of Karnataka

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SRI. R. S. DEEPAK KUMAR, S/O SRI. N.R.SRINIVAS GUPTA, AGED ABOUT 43 YEARS, R/AT NO.177/100, KHB APARTMENT, KENGERI SATTELITE TOWN, BANGALORE - 560 060.

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…RESPONDENT

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(BY SRI. K.S. VENKATARAMANA, ADVOCATE)

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THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:2.7.14, PASSED BY THE XXIII ADDL.CMM, BANGALORE CITY, IN C.C.NO.8203/2010 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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NC: 2023:KHC:43881 CRL.A No. 736 of 2014

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THIS APPEAL, COMING ON FOR SETTLEMENT, THIS DAY,

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THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Both parties and their respective counsels are present.

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Application filed under Section 147 of the

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Negotiable Instruments Act, 1881. Both parties have settled the matter in terms of the application as stated hereunder:

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"Both the Appellant and Respondent humbly beg to submit as follows:

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1. It is submitted that, at the intervention of the parties and their respective counsels both the parties settled the dispute involved in the above case in the following manner:

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i. The Respondent hereby agreed to pay Rs.1,00,000/- to the Appellant as full and final settlement in respect of the cheque involved in the above case and the Appellant agreed to receive the said amount to close the above case.

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ii. The Respondent is going to pay at once the above said amount of Rs.1,00,000/- within 3 months from today and in case if the Respondent failed to pay the above said amount then the Appellant may recover the same by obtaining an order of FLW by approaching the Hon'ble Trial Court in C.C.No.8203/2010 and the Respondent has to fact the consequence of his default.

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iii. The Parties submit that, this Hon'ble Court may kindly record the above compromise

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3 - NC: 2023:KHC:43881 CRL.A No. 736 of 2014

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entered between the parties and may kindly dispose of the above Appeal settled between the parties.

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WHEREFORE , it is most humbly and respectfully prayed by both Appellant and the Respondent to record the compromise and permit the parties to settle the dispute involved in the above case in the interest of justice and equity."

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Both appellant and respondent have put their signature and their respective counsels also put their signature.

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The contents of this compromise petition read over

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and explained to them in the language known to them.

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Both parties have agreed as to the terms of this compromise petition. Hence, application filed under Section 147 of the Negotiable Instruments Act, 1881 is allowed. Compromise recorded. In terms of compromise, appeal is disposed of .

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Sd/JUDGE

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CT: BHK

Sri T M Paneendra v. Sri R S Deepak Kumar

Case brief

What is this about?

What did the court decide?

Sri T M Paneendra v. Sri R S Deepak Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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