M/S Ashatara Laboratories vs Sri M A Makhandar
2024 Latest Caselaw 22526 Kant

Karnataka High Court

M/S Ashatara Laboratories vs Sri M A Makhandar on 4 September, 2024

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                                                      NC: 2024:KHC:36113
                                                  CRL.A No. 612 of 2013




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 4TH DAY OF SEPTEMBER, 2024

                                        BEFORE
                           THE HON'BLE MRS JUSTICE M G UMA
                           CRIMINAL APPEAL NO. 612 OF 2013
                BETWEEN:

                   M/S. ASHATARA LABORATORIES
                   PARTNERSHIP FIRM,
                   REPRESENTED BY ITS G.P.A.
                   HOLDER AND MANAGING PARTNER,
                   K. NIRANJAN SHETTY,
                   S/O. B. SARVOTHAM SHETTY,
                   AGED ABOUT 48 YEARS,
                   R/AT D.NO.2-128/8(3)
                   SHILPA COMPLEX, BEACH ROAD,
                   KULAI-HOSABETTU,
                   MANGALORE.
                                                            ...APPELLANT
                (BY SRI. G.C. HARSHA, ADVOCATE FOR
Digitally           SRI. NISHIT KUMAR SHETTY, ADVOCATE)
signed by
YAMUNA K L      AND:
Location:
High Court of      SRI. M.A. MAKHANDAR
Karnataka
                   TARA AGENCIES,
                   SHOP NO.23-27,
                   2ND FLOOR, KATARIA TRADE CENTER,
                   KOPPIKAR ROAD,
                   HUBLI-580 020
                                                          ...RESPONDENT
                (BY SRI. MOHAMMED SIDDIQ, ADVOCATE FOR
                    SRI. BALGOPAL MENON, ADVOCATE)
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                                                   NC: 2024:KHC:36113
                                             CRL.A No. 612 of 2013




     THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER DATED 30.03.2013
PASSED BY THE J.M.F.C.-5TH COURT, MANGALORE, D.K. IN
C.C.NO.258/2008 - ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE P/U/S 138 OF N.I.ACT.

     THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS

DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:      HON'BLE MRS JUSTICE M G UMA


                       ORAL JUDGMENT

The complainant and respondent are present before

the court and they are identified by their respective

counsel.

2. Learned counsel for the appellant files a memo

reporting settlement of the matter and receipt of

Rs.2,50,000/- in the name of the complainant as

compensation towards full and final settlement of the

claim by way of a Demand Draft. A copy of the Demand

Draft is attached to the memo.

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3. The memo dated 04.09.2024 reads as under:

The appellant above named submits as follows

It is submitted that, this Hon'ble court by its order dated 29/08/2024 allowed the appeal & set aside the acquittal order dated 30/03/2013 made in C.C.No.258/2008 by the court of 5th J.M.F.C, Mangalore D.K. and convicted the respondent herein for the offence punishable under section 138 of NI Act. The matter is posted today for hearing on the sentence. After the conviction order passed by this Hon'ble court, the respondent approached the appellant for settlement and offered to pay Rs.2,50,000 (two Lakh Fifty Thousand) as full and final compensation and the appellant has agreed to receive Rs.2,50,000/- (two Lakh Fifty Thousand) towards the compensation amount and respondent has already paid the said amount to the appellant by way of Demand Draft bearing No.002909 dated 03/09/2024 drawn on HDFC Bank. The copy of the said DD is attached herewith for the kind perusal of this Hon'ble court and it is humbly prayed that this Hon'ble court be pleased to take this memo on

NC: 2024:KHC:36113

record as a submission of the appellant on hearing on sentence, in the interest of justice.

4. The complainant has admitted to the terms of

compromise and also acknowledges the receipt of Demand

Draft referred to in the memo towards full and final

settlement of his claim against respondent - accused. In

view of the above, the following:

ORDER

(i) The appeal is allowed.

(ii) The impugned judgment of acquittal dated 30.03.2013 passed in C.C.No.258/2008 by the J.M.F.C - 5th Court, Mangalore, D.K., is hereby set aside.

(iii) The accused convicted of the offence under Section 139 of Negotiable Instruments Act, 1881, is sentenced to pay Rs.2,50,000/- to be paid to the complainant as compensation, the receipt of which is already acknowledged by the complainant.

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Send back the trial court records along with a copy of this order.

Sd/-

(M G UMA) JUDGE

SS