Karnataka High Court
Mr Nateshan Sunder vs Mr G M Hemanth Kumar on 12 December, 2023
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NC: 2023:KHC:45093
CRL.A No. 1199 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1199 OF 2013
BETWEEN:
MR. NATESHAN SUNDER,
AGED 44 YEARS,
S/O LATE NATESH MUDALIAR,
PRESENTLY RESIDING AT
NO.168, SEPPINGS ROAD,
SHIVAJINAGAR, BANGALORE - 560 001.
...APPELLANT
(BY SRI. P.C. NARASIMHAIAH, ADVOCATE)
AND:
1. MR. G.M. HEMANTH KUMAR,
AGED 44 YEARS,
SON OF MOHAN RAJ,
PRESENTLY RESIDING AT
#04, FIRST FLOOR, II 'B' CROSS,
MANORAVANPALYA MUNEESHWARA LAYOUT,
Digitally signed
by SANDHYA S SULTANPALYA, BANGALORE - 560 032.
Location: High
Court of 2. MR. VINCENT RAJESH,
Karnataka AGED 41 YEARS,
FATHERS NAME NOT KNOWN TO THE
APPELLANT, PRESENTLY RESIDING AT
#21, 2ND MAIN, 2ND CROSS,
S.K.GARDEN, BANGALORE - 560 046.
...RESPONDENTS
(BY SRI. N. SRINIVAS, ADVOCATE)
THIS CRL.A IS FILED U/S 378(4) OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 16.11.2013 PASSED BY THE XIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BANGALORE IN
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NC: 2023:KHC:45093
CRL.A No. 1199 of 2013
C.C.NO.26109/2012 - ACQUITTING THE
RESPONDENTS/ACCUSED FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF N.I.ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Both the parties and their respective counsel are
present. They have filed a joint memo dated 12.12.2023,
in which it is stated as under:
"The appellant and respondents submits as under;
1. The appellant / complainant named above has
preferred the above criminal appeal against order of
acquittal dated 16/141/2013 passed in C.C.
No.26109/2012 by the Hon'ble Court of XIV AddI. Chief
Metropolitan Magistrate, Bangalore, who was pleased to
acquit the respondents herein for offence punishable
under 138 of Negotiable Instruments Act.
2. It is submitted that the appellant and respondents at
the instance of their well wishers have compromised
the above The respondent No.1 on behalf of respondent
No.2 in lieu of compromise has agreed to pay
Rs.50,000/- (Rupees Fifty Thousand Only) in Three
Instalments on the following manner;
NC: 2023:KHC:45093
(i) Rs.16,668/- is to be paid on 12/12/2023 by way of by
the respondent No.1.
(ii) Rs.16,666/- is paid by way of Post Dated Cheque
dated 12/01/2024, vide Cheque No.242911, to be
drawn on ICICI Bank, Jeevan Bhima Nagar Branch,
Bangalore - 560 075.
(iii) Rs.16,666/- is paid by way of Post Dated Cheque
dated 12/02/2024, vide Cheque No.242912, to be
drawn on ICICI Bank, Jeevan Bhima Nagar Branch,
Bangalore - 560 075.
The appellant and respondents have agreed for the
above said terms on their own in lieu of the terms of
the settlement agreed between them.
WHEREFORE, the appellant and respondents most
humbly pray that this Hon'ble Court be pleased to place
this Joint Memo on record and dispose of the above
matter accordingly, in the interest of justice."
2. The contents of the said joint memo is read
over and explained to the parties. Both have voluntarily
agreed to the terms of the joint memo.
3. The same is placed on record.
In view of the above, the appeal is disposed of.
NC: 2023:KHC:45093
It is noticed that accused No.1 has deposited
Rs.5,000/- cash security vide R.No.0384798 dated
05.07.2012.
The trial Court is directed to disburse the same in
favour of accused No.1. If the amount is remitted to the
Government, the trial Court is directed to call for that
amount in accordance with law and disburse the same to
accused No.1.
Sd/-
JUDGE
PGG
CT: BHK
