Smt Kavitha D Thakur W/O Dilip Thakur v. B P Suresh S/O B P Prahallada
Case brief
What is this about?
Karnataka High Court Dharwad Bench; CRL.RP Nos. 100036-100040 of 2023; S.138 Negotiable Instruments Act cheque-dishonour convictions; revision under S.397 r/w S.401 Cr.P.C. (registry note 397(Cr.PC)/438(BNSS)); disposal on joint memo/amicable compromise; Rs.30,00,000 full-and-final settlement; withdrawal of Rs.17,00,000 court deposit; Rs.3,00,000 cash paid in court; balance Rs.10,00,000 in instalments due 20.06.2025 and 20.09.2025; automatic restoration of trial Magistrate's orders confirmed by First Appellate Court on default; Rs.5,000 defraying expenses set aside after payment of fine; trial forum III Addl. Civil Judge and JMFC Ballari (CC Nos. 353, 370, 422, 424, 474/2020); first appellate forum IV Addl. District and Sessions Judge (Exclusive Dedicated Commercial Court) Ballari (Crl.A. Nos. 53-57/2022); Justice V. Srishananda; decided 03.04.2025.
What did the court decide?
Revision petitions disposed of on the joint memo: complainant-respondents permitted to withdraw the Rs.17,00,000 deposit; Rs.3,00,000 paid in cash in court; balance Rs.10,00,000 payable in two instalments of Rs.5,00,000 each by 20.06.2025 and 20.09.2025 towards the total settlement of Rs.30,00,000; on default in payment, the orders of the trial Magistrate confirmed by the First Appellate Court stand restored automatically; Rs.5,000 defraying expenses set aside after payment of the entire fine amount.