Sri T M Paneendra vs Sri R S Deepak Kumar
2023 Latest Caselaw 9351 Kant

Karnataka High Court

Sri T M Paneendra vs Sri R S Deepak Kumar on 5 December, 2023

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                                                              NC: 2023:KHC:43881
                                                           CRL.A No. 736 of 2014




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                             BEFORE
                            THE HON'BLE MR JUSTICE G BASAVARAJA
                               CRIMINAL APPEAL NO. 736 OF 2014
                   BETWEEN:

                   SRI. T. M. PANEENDRA,
                   S/O T.K.MADHU RAO,
                   AGED ABOUT 44 YEARS,
                   R/AT NO.676, 14TH MAIN,
                   67TH CROSS, 1ST STAGE,
                   KUMARASWAMY LAYOUT,
                   BANGALORE - 560 078.
                                                                    ...APPELLANT
                   (BY SRI. PRADEEP NAIK K, ADVOCATE)

                   AND:

                   SRI. R. S. DEEPAK KUMAR,
                   S/O SRI. N.R.SRINIVAS GUPTA,
Digitally signed   AGED ABOUT 43 YEARS,
by SANDHYA S       R/AT NO.177/100, KHB APARTMENT,
Location: High     KENGERI SATTELITE TOWN,
Court of
Karnataka          BANGALORE - 560 060.
                                                                  ...RESPONDENT
                   (BY SRI. K.S. VENKATARAMANA, ADVOCATE)

                          THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO
                   SET ASIDE THE ORDER DATED:2.7.14, PASSED BY THE XXIII
                   ADDL.CMM,     BANGALORE    CITY,   IN   C.C.NO.8203/2010    -
                   ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
                   P/U/S 138 OF N.I. ACT.
                                    -2-
                                               NC: 2023:KHC:43881
                                            CRL.A No. 736 of 2014




     THIS APPEAL, COMING ON FOR SETTLEMENT, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Both parties and their respective counsels are present.

2. Application filed under Section 147 of the

Negotiable Instruments Act, 1881. Both parties have settled

the matter in terms of the application as stated hereunder:

"Both the Appellant and Respondent humbly beg to submit as follows:

1. It is submitted that, at the intervention of the parties and their respective counsels both the parties settled the dispute involved in the above case in the following manner:

i. The Respondent hereby agreed to pay Rs.1,00,000/- to the Appellant as full and final settlement in respect of the cheque involved in the above case and the Appellant agreed to receive the said amount to close the above case.

ii. The Respondent is going to pay at once the above said amount of Rs.1,00,000/- within 3 months from today and in case if the Respondent failed to pay the above said amount then the Appellant may recover the same by obtaining an order of FLW by approaching the Hon'ble Trial Court in C.C.No.8203/2010 and the Respondent has to fact the consequence of his default.

iii. The Parties submit that, this Hon'ble Court may kindly record the above compromise

NC: 2023:KHC:43881

entered between the parties and may kindly dispose of the above Appeal settled between the parties.

WHEREFORE, it is most humbly and respectfully prayed by both Appellant and the Respondent to record the compromise and permit the parties to settle the dispute involved in the above case in the interest of justice and equity."

3. Both appellant and respondent have put their

signature and their respective counsels also put their signature.

4. The contents of this compromise petition read over

and explained to them in the language known to them.

Both parties have agreed as to the terms of this

compromise petition. Hence, application filed under Section 147

of the Negotiable Instruments Act, 1881 is allowed.

Compromise recorded. In terms of compromise, appeal is

disposed of.

Sd/-

JUDGE

PK CT: BHK