In the criminal appeal regarding a cheque dishonour offence where parties tendered a joint settlement memo and the respondent paid Rs.1,70,000 before the court, the High Court of Karnataka dismissed the appeal.
The appeal is dismissed on the basis of the joint settlement memo and the payment of Rs.1,70,000 by the respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 829 OF 2012
BETWEEN:
AGED ABOUT 64 YEARS S/O KAPOORCHAND KK SHOWROOM, B D ROAD CHITRADURGA-577 501.
…APPELLANT
(BY SRI. SARAVANA S (NOC).,ADVOCATE)
AND:
AGED ABOTU 57 YEARS S/O AMICHAND JI
Digitally signed by SANDHYA S Location: High Court of Karnataka
CARRYING BUSINESS AT
SHA PARASMAL SAMPATHRAJ & CO VASAVI MAHAL ROAD CHITRADURGA-577501.
…RESPONDENT
(BY SRI. PARAS JAIN,ADVOCATE)
THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DT.25.04.2012 PASSED BY THE PRL. DIST., AND S.J. CHITRADURGA IN CRL.A.NO.63/2006-ACQUTTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
NC: 2023:KHC:46912 CRL.A No. 829 of 2012
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellant Sri. Kishormal is present and the son of
accused/respondent by name Uday is also present.
as under:
"The parties have amicably settled the matter and the respondent has agreed to pay to the appellant a sum of Rs.1,70,000/(One lakh seventy thousand only) in full and final settlement of the matter. The respondent shall remit the amount to the appellant by cash immediately. The memo be taken on record in the ends of justice."
Vastimal by name Uday has paid a sum of Rs.1,70,000/-
before this Court. In view of joint memo, the
appeal is dismissed.
Sd/JUDGE
SSD List No.: 1 Sl No.: 12
1 issue framed by the court
Whether the criminal appeal filed under Section 378(4) CrPC should be dismissed upon an interim settlement and payment of money by the respondent.
2 provisions across 2 enactments
SRI KISHORIMAL
SRI VASTIMAL
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
