Miss. Supriya M Kadolkar vs Mr. Prabhat Madhukar Athanikar
2021 Latest Caselaw 1853 Kant

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         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

       DATED THIS THE 31st DAY OF MARCH 2021

                      BEFORE

         THE HON'BLE MRS.JUSTICE M.G.UMA

        CRIMINAL APPEAL NO.100040/2018
      C/W CRIMINAL APPEAL NO.100041/2018


IN CRIMINAL APPEAL NO.100040/2018:

BETWEEN

MISS. SUPRIYA M.KADOLKAR,
AGE: 41 YEARS, OCC: PRIVATE SERVICE,
R/O: LAXMI BUILDING,
NEAR RPD COLLEGE COMPOUND,
KHANAPUR ROAD, TILAKWADI,
BELGAUM-590006.
                                       ...APPELLANT
(By Sri.PRASHANT F GOUDAR, ADV.)

AND

MR. PRABHAT MADHUKAR ATHANIKAR,
AGE: 41 YEARS, OCC: SERVICE,
R/O: PENTA HOUSE, TOP FLOOR,
BIG BAZAAR, KHANAPUR ROAD,
BELGAUM-590006.
                                   ...RESPONDENT
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(By Sri. SHIVARAJ P. MUDHOL, ADV)

     THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF
CR.P.C. SEEKING TO ALLOW THIS APPEAL AND TO SET
ASIDE THE IMPUGNED ORDER DATED 12.01.2018 IN
C.C.NO.1303 OF 2011 PASSED BY THE V JMFC, BELAGAVI,
PRODUCED VIDE ANNEXURE-L AND FURTHER CONVICT
THE RESPONDENT OF OFFENCES PUNISHABLE UNDER
SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.

IN CRIMINAL APPEAL NO.100041/2018:

BETWEEN:

MISS. SUPRIYA M.KADOLKAR,
AGE: 41 YEARS, OCC: PRIVATE SERVICE,
R/O: LAXMI BUILDING,
NEAR RPD COLLEGE COMPOUND,
KHANAPUR ROAD, TILAKWADI,
BELGAUM-590006.
                                       ...APPELLANT
(By Sri.PRASHANT F GOUDAR, ADV.)

AND

MR. PRABHAT MADHUKAR ATHANIKAR,
AGE: 41 YEARS, OCC: SERVICE,
R/O: PENTA HOUSE, TOP FLOOR,
BIG BAZAAR, KHANAPUR ROAD,
BELGAUM-590006.
                                    ...RESPONDENT

(By Sri. SHIVARAJ P. MUDHOL, ADV)

     THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF
CR.P.C. SEEKING TO ALLOW THIS APPEAL AND TO SET
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ASIDE THE IMPUGNED ORDER DATED 12.01.2018 IN
C.C.NO.1304 OF 2017 PASSED BY THE V JMFC, BELAGAVI,
PRODUCED VIDE ANNEXURE-k AND FURTHER CONVICT
THE RESPONDENT OF OFFENCES PUNISHABLE UNDER
SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.

     THESE CRIMINAL APPEALS COMING ON FOR
FURTHER HEARING, ON THIS DAY, THE COURT DELIVERED
THE FOLLOWING:


                       JUDGMENT

The appellant-Smt.Supriya M. Kadolkar and

the respondent-Sri.Prabhat M. Athanikar along

with their respective counsel are present before

the Court.

2. Learned counsel identified their

respective parties and submitted that the dispute

between the parties have been settled. They have

filed joint compromise memo, which is signed by

both the parties and their counsel.

3. The appellant and the respondent have

agreed for the terms of compromise as mentioned

in the compromise memo, which reads as under:

"1. That the petitione r is agree d to receive a sum of Rs.6,00,000/- (six lakhs only) towards full and final se ttle ment of the che que amount invo lved in the above appe als.

2. That the respo ndent is agreed to pay a sum of Rs.6,00,000/- (six lakhs) to the appellant towards full and final settlement of the cheque amount involved in the abo ve appeals and the appellant is agree d to rece ive the said amount in full and final settlement to wards che que s in the above appeals in the fo llo wing installments.

3. That the respondent has paid a sum of Rs.1,00,000/- (One lakhs only) thro ugh demand draft dated 30.03.2021 in the name of the Supriya M.Kadolkar/ appellant he rein and the appe llant has received the same and remaining amount will be paid in four installments as explaine d below.

4. That the respo ndent is issuing fo ur cheques dated 10/04/2021, 10/05/2021, 10/ 06/ 2021, 10/ 07/2021 respective ly, that each cheques is fo r a sum of Rs.1,25,000/- (one lakhs twenty five thousand only) respective ly towards full and final settlement o f the cheque amounts involved in the abo ve appe als. That the respondent unde rtakes to cle ar and ho nor the cheques as mentione d above.

5. That the appellant unde rtake that she will not initiate any other proceedings in respect of cheques as mentione d in the above appe als and appe llant is no t pressing above appe als."

4. The demand draft bearing No.506073

dated 30.03.2021 is handed over by the learned

counsel for the respondent to the learned counsel

for the appellant, who in turn, handed it over to

the appellant. The appellant admitted receipt of

Rs.1,00,000/- through demand draft and also

admits receipt of 4 post dated cheques referred to

in the compromise memo, for Rs.1,25,000/- each,

towards full and final settlement of her claim

against the respondent.

5. Perused the terms of the compromise

memo. Satisfied with its legality.

6. Hence, both the appeals are disposed of

in terms of joint compromise memo.

Sd/-

JUDGE

KGK