Ramesh Piparia vs Ravi Sancheth
2023 Latest Caselaw 7284 Kant

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                                                    NC: 2023:KHC:37486
                                                 CRL.A No. 342 of 2015




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                   DATED THIS THE 13TH DAY OF OCTOBER, 2023
                                      BEFORE
                      THE HON'BLE MR JUSTICE S RACHAIAH
                      CRIMINAL APPEAL NO. 342 OF 2015 (A)
              BETWEEN:
                 RAMESH PIPARIA
                 S/O PRABHU LAL
                 AGED ABOUT 63 YEARS
                 R/AT NO.998/A
Digitally
                 11TH MAIN, I BLOCK
signed by N      3RD STAGE, BASAVESHWARANAGAR
UMA
Location:        BENGALURU - 560 079.
HIGH                                                      ...APPELLANT
COURT OF
KARNATAKA     (BY SRI. NAGARAJA HEGDE, ADVOCATE)

              AND:
                 RAVI SANCHETH
                 PROP. SANCHET & SONS
                 MANUFACTURERS OF CHAINS & ORNAMENTS
                 HAVING ITS OFFICE AT NO.141
                 3RD CROSS, AVENUE ROAD
                 BENGALURU - 560 002.

                 HAVING ITS WORKSHOP AT
                 NO.107, RAMAN COLLEGE
                 I FLOOR, PIPELINE ROAD
                 KURUBARAHALLI, BENGALURU - 560 086.
                                                        ...RESPONDENT
              (BY SRI. V V GUNJAL, ADVOCATE)

                    THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO
              SET ASIDE THE IMPUGNED ORDER OF DISMISSAL OF THE
              COMPLAINT DATED 13.02.2015 PASSED BY THE XVI
              ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE
              IN C.C.NO.19320/2008 AND ETC.,

                   THIS APPEAL, COMING ON FOR SETTLEMENT, THIS DAY,
              THE COURT DELIVERED THE FOLLOWING:
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                                                NC: 2023:KHC:37486
                                             CRL.A No. 342 of 2015




                        JUDGMENT

1. Case called out.

2. Learned counsel for the respective parties present.

The appellant/complainant present.

3. The learned counsel for the respondent has filed a

memo and submitted cheque bearing No.085203 dated

13.10.2023 for a sum of Rs.1,90,000/- in favour of the

complainant/appellant stating that the matter is

settled out of Court. The averments of the said memo

read thus:

"Memo Reporting Settlement The Advocate for the Respondent tender herewith a cheque favouring the petitioner for Rs. 1,90,000/- (Rupees One Lakh Ninety thousand Only) drawn on Axis Bank Sewri Mumbai bearing No 400211984 00160 31 dated 13/10/2023, in full and final settlement an agreed to by and between the petitioner and respondent.

It is prayed that the Hon'ble Court be pleased to record the settlement. In the event the cheque is dishonored the above Crl.A.No.342/2015 shall stand revived.

NC: 2023:KHC:37486 CRL.A No. 342 of 2015

Hence it is prayed the above matter be disposed of accordingly in the interest of Justice."

4. Considering the averments of the said memo and also

the submission of the learned counsel for the

respective parties, there is no embargo to this Court to

record the compromise as the offence under section

138 of the Negotiable Instrument Act which is

compoundable in nature. Accordingly, the criminal

appeal stands disposed of as per settlement.

5. It makes it clear that since the learned counsel for the

respondent is submitting the cheque to the appellant,

the effect of settlement will be taken place subject to

realization of the cheque.

6. In case if the cheque is not realized, the appeal stands

revived on proper application is made.

Sd/-

JUDGE

UN