Allowed

M/S Ashatara Laboratories v. Sri M a Makhandar

Karnataka HC4 Sept 2024CRL.A/612/2013

Case brief

AI extract

What is this about?

Complainant appealed against acquittal of the accused in a cheque dishonour case. The court had earlier allowed the appeal and convicted the respondent; on hearing on sentence, parties reported a settlement of Rs.2,50,000 by demand draft, which the complainant acknowledged as full and final compensation.

What did the court decide?

Acquittal set aside; accused sentenced to pay Rs.2,50,000 as compensation to complainant, already received via demand draft in full settlement.

M/S Ashatara Laboratories Vs Sri M a Makhandar — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC:36113 CRL.A No. 612 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL APPEAL NO. 612 OF 2013

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BETWEEN:

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M/S. ASHATARA LABORATORIES PARTNERSHIP FIRM, REPRESENTED BY ITS G.P.A. HOLDER AND MANAGING PARTNER, K. NIRANJAN SHETTY, S/O. B. SARVOTHAM SHETTY, AGED ABOUT 48 YEARS, R/AT D.NO.2-128/8(3) SHILPA COMPLEX, BEACH ROAD, KULAI-HOSABETTU, MANGALORE.

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…APPELLANT

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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(BY SRI. G.C. HARSHA, ADVOCATE FOR SRI. NISHIT KUMAR SHETTY, ADVOCATE)

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AND:

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SRI. M.A. MAKHANDAR TARA AGENCIES, SHOP NO.23-27, 2^ND FLOOR, KATARIA TRADE CENTER, KOPPIKAR ROAD, HUBLI-580 020 …RESPONDENT

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(BY SRI. MOHAMMED SIDDIQ, ADVOCATE FOR SRI. BALGOPAL MENON, ADVOCATE)

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2 - NC: 2024:KHC:36113 CRL.A No. 612 of 2013

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THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 30.03.2013 PASSED BY THE J.M.F.C.-5TH COURT, MANGALORE, D.K. IN C.C.NO.258/2008 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.

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THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE M G UMA

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ORAL JUDGMENT

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The complainant and respondent are present before the court and they are identified by their respective counsel.

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Learned counsel for the appellant files a memo reporting settlement of the matter and receipt of Rs.2,50,000/- in the name of the complainant as compensation towards full and final settlement of the claim by way of a Demand Draft. A copy of the Demand Draft is attached to the memo.

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NC: 2024:KHC:36113 CRL.A No. 612 of 2013

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3. The memo dated 04.09.2024 reads as under:

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The appellant above named submits as follows

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It is submitted that, this Hon'ble court by its order dated 29/08/2024 allowed the appeal & set aside the acquittal order dated 30/03/2013 made in C.C.No.258/2008 by the court of 5th J.M.F.C, Mangalore D.K. and convicted the respondent herein for the offence punishable under section 138 of NI Act. The matter is posted today for hearing on the sentence. After the conviction order passed by this Hon'ble court, the respondent approached the appellant for settlement and offered to pay Rs.2,50,000 (two Lakh Fifty Thousand) as full and final compensation and the appellant has agreed to receive Rs.2,50,000/- (two Lakh Fifty Thousand) towards the compensation amount and respondent has already paid the said amount to the appellant by way of Demand Draft bearing No.002909 dated 03/09/2024 drawn on HDFC Bank. The copy of the said DD is attached herewith for the kind perusal of this Hon'ble court and it is humbly prayed that this Hon'ble court be pleased to take this memo on

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4 - NC: 2024:KHC:36113 CRL.A No. 612 of 2013

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record as a submission of the appellant on

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hearing on sentence, in the interest of justice.

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The complainant has admitted to the terms of compromise and also acknowledges the receipt of Demand Draft referred to in the memo towards full and final settlement of his claim against respondent - accused. In view of the above, the following:

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O R D E R

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(i) The appeal is allowed.

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(ii) The impugned judgment of acquittal dated 30.03.2013 passed in C.C.No.258/2008 by the J.M.F.C - 5^th Court, Mangalore, D.K., is hereby set aside.

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(iii) The accused convicted of the offence under Section 139 of Negotiable Instruments Act, 1881, is sentenced to pay Rs.2,50,000/- to be paid to the complainant as compensation, the receipt of which is already acknowledged by the complainant.

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NC: 2024:KHC:36113 CRL.A No. 612 of 2013

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Send back the trial court records along with a copy of this order.

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Sd/(M G UMA) JUDGE

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SS List No.: 2 Sl No.: 2

M/S Ashatara Laboratories v. Sri M a Makhandar

Case brief

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M/S Ashatara Laboratories v. Sri M a Makhandar

Case brief

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