IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS CRIMINAL APPEAL NO.358/2017 BETWEEN SRI K SATHYANARAYAN S/O LATE SRI R KRISHNAMURTHY AGED ABOUT 62 YEARS R/A #475, ANJANEYA TEMPLE STREET, K R PURAM BANGALORE-36 (BY SRI JAIRAJ G, ADVOCATE) AND 1 . TALACAVUERY GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA (REGD) TALACAUVERY HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED (REGD) REPRESENTED BY ITS PRESIDENT SRI RANGANATH MADHAVANAGARA BANGALORE-01 2 . SRI K V VENKATESHAIAH FORMER PRESIDENT OF TALACAUVERY GRAHA NIRMANA SAHAKARA SANGHA NIYAMITHA(REGD) MADHAVANAGAR, BANGALORE-01 ...APPELLANT 3 . SRI S SHIVAGANGAIH FORMER VICE PRESIDENT OF TALACAUVERY GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA SAHAKARA SANGHA NIYAMITHA(REGD) MADAVANAGARA BANGALORE-01 …RESPONDENTS (BY SRI B M HALASWAMY, ADVOCATE FOR R2 & R3 R1 SERVED BUT UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF THE CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 21.01.2017 PASSED BY THE XXI ADDL.C.M.M., BANGALORE IN C.C.NO.7440/2015 – ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 ON N.I. ACT.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT R. DEVDAS J., (ORAL):
The parties along with their respective Counsels have filed a joint memo dated 10.12.2019. As per the joint memo, the parties have amicably settled their dispute in respect of the cheque for a sum of Rs.25,00,000/- which is the subject matter of this appeal.
2. It is stated in the joint memo that a sum of Rs.15,00,000/- has already been paid to the appellant. For the balance sum of Rs.10,00,000/- the respondent-Society has issued two cheques i.e., cheque bearing No.854439 dated 10.12.2019 and cheque bearing No.854440 dated 31.12.2019 for Rs.5,00,000/- each.
3. It is undertaken by the respondent-Society that both the cheques will be honoured. The appellant has received the cheque from the respondents before this Court today.
4. Since the respondents have undertaken and submitted that the two cheques will be honoured, this Court is of the considered opinion that the appeal could be disposed of recording the settlement arrived at between the parties. The respondents shall be bound by the undertaking given before this Court.
5. Accordingly, the appeal stands disposed of in terms of the joint memo and the observations made hereinabove. The parties are directed to sign the order sheet and the respective learned Counsels shall identify the said signatures.
Sd/- JUDGE JT/-