This Criminal Appeal was heard. The parties filed a joint memo stating they had reached an amicable settlement wherein the respondent agreed to pay a sum to the appellant. The court recorded the settlement and dismissed the appeal as settled.
The Appeal was dismissed as the case was settled by the parties.
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.
CRL.A No. 962 of 2016 NC: 2024:KHC:11623
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.962 OF 2016
BETWEEN:
MR. KRISHNA MURTHY D S/O SRI. DASTA NAIK AGED ABOUT 42 YEARS, R/AT NO.9, 2ND FLOOR, RAILWAY PARALLEL ROAD, VIDYANAGAR 2ND STAGE, R.P.C.LAYOUT, BENGALURU - 560 040
…APPELLANT
(BY SRI. AMBAJI RAO NAJRE, ADVOCATE)
AND:
Digitally signed by MADHURI S Location: High Court of Karnataka
MR. R.THIMMAIAH PROPRIETOR, AGED ABOUT 60 YEARS, S/O LATE RAJANNA, R/AT NO.872, 1ST A CROSS, RAJANNA ACHALA ASHRAM ROAD, RAJGOPALNAGAR, PEENYA 2ND STAGE, BENGALURU - 560 058 ALSO AT NO.120/B, DURGA NILAYA, 2ND CROSS, MEI COLONY, LAGGERE, PEENYA POST, BENGALURU - 560 058
…RESPONDENT
(BY SRI. C V MUNIREDDY, ADVOCATE)
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) QUASH THE IMPUGNED ORDER DATED 27.04.2016 PASSED BY THE LEARNED XIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN CRIMINAL CASE
CRL.A No. 962 of 2016 NC: 2024:KHC:11623
NO.26546/2014 THEREBY CONVICT THE RESPONDENT / ACCUSED AND ALLOW THE COMPLAINT AS PRAYED FOR; b) PASS SUCH OTHER ORDERS AS DEEM FIT IN THE CIRCUMSTANCES OF THE CASE WHICH WOULD MEET THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Both appellant and respondent are present.
Both learned counsel for the appellant and
respondent are present.
A joint memo is filed to the following effect:
" JOINT MEMO
The appellant and the respondent in the above appeal most respectfully submit that, as per the directions of this Hon'ble Court dated 11.12.2023, both the parties and their counsels had a discussion for an amicable settlement between the parties.
Accordingly, both the parties have reached an amicable settlement as the respondent has agreed to pay a sum of Rs.8,00,000/- as full and final settlement out of the face value of cheque amounting to a sum of Rs.15,00,000/and the appellant has accepted for the
CRL.A No. 962 of 2016 NC: 2024:KHC:11623
aforesaid proposal. Further, it is mutually agreed that the aforesaid amount of Rs.8,00,000/shall be payable by the respondent to the appellant by way of cash in the following manner:
a) A sum of Rs.4,00,000/- shall be payable on 06.02.2024. b) A sum of Rs.4,00,000/- shall be payable on 21.03.2024.
WHEREFORE, it is humbly prayed that his Hon'ble Court may kindly be pleased to record the same and post the above appeal on 06.02.2024 and 21.03.2024 to report the payments, to meet the ends of justice."
In the light of the settlement entered into between the parties, the appeal is dismissed as settled.
Sd/JUDGE
MDS List No.: 1 Sl No.: 69
2 issues framed by the court
Whether to allow the Criminal Appeal filed against a conviction order in a cheque dishonour case.
Whether the appeal should be dismissed upon the recording of an amicable settlement between the parties.
1 provisions across 1 enactments
MR. KRISHNA MURTHY D S/O SRI. DASTA NAIK
MR. R.THIMMAIAH PROPRIETOR
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
