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2021 (1) TMI 1197 - KARNATAKA HIGH COURTDishonor of Cheque - as per the terms of the compromise the complainant/appellant was required to withdraw the civil suit filed before the trial Court, but he has failed to fulfill his obligation - HELD THAT:- It is the duty of the appellate Court to look into the evidence adduced in the case and arrive at an independent conclusion as to whether the facts and circumstances of the case and evidence relied on by the parties is sufficient to prove the guilt of the accused. The law clearly expects the appellate Court to dispose of the appeal on merits and not merely perusing the reasoning of the trial Court in the judgment, but by cross checking the reasoning and material on record. In the instant case strangely the accused has been convicted without there being sufficient evidence and only on the basis of the joint memo filed by the parties. Admittedly as per the terms of the joint memo the complainant/appellant has received the entire cheque amount of ₹ 90,000/-. When there was satisfaction of the entire claim by the accused, the complainant/appellant was duty bound to withdraw the civil suit filed before the trial Court as agreed by him in the joint memo. The complainant has failed to fulfill his obligation and has managed to get a decree for recovery of a sum of ₹ 21,000/-. Under these circumstances if these criminal cases are remanded back to the trial Court for fresh trial as ordered by the Sessions Court it would be nothing but abuse of process of law. The accused is acquitted for the charges leveled against her for the offences punishable under Section 138 of the Negotiable Instruments Act - Appeal dismissed.
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