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2017 (4) TMI 977 - SC - Indian LawsOffence under Section 138 of the Negotiable Instruments Act - Held that:- When the special leave petition came up for hearing, by order dated 12.05.2011 this Court had granted stay on condition that the appellant herein should deposit an amount of ₹ 3,00,000/- (Rupees Three Lacs) before the Trial Court i.e. the Court of Small Causes and ACMM, Bangalore, which has been duly complied with. The matter was lingering on file for quite some time. When the matter came up for hearing today i.e. on 27.03.2017, the son of the appellant, by name Srinivasan, was present in the Court. Respondent No.4/Abdul Kaleem, was present in the Court, who stated that he is representing all the legal representatives of complainant/Mohammed Hyath. We suggested to the parties and to their counsel whether they can talk to each other to arrive at an amicable settlement, for which both the parties as well as Ms. Lata Krishnamurti and Mr. A.T.M. Sampath, learned counsel appearing for the parties readily agreed. After talking to each other the parties have arrived at a settlement for a sum of ₹ 6,00,000/-(Rupees Six Lacs) including the amount of ₹ 3,00,000/- (Rupees Three Lacs) already deposited before the Trial Court. In the result, the impugned judgment of the High Court rendered in Criminal Appeal is set aside and this appeal is allowed. The appellant is acquitted of the charge under Section 138 of the Negotiable Instruments Act. The respondents are permitted to withdraw ₹ 3,00,000/- (Rupees Three Lacs) deposited before the Court of Small Causes and A.C.M.M. Court, Bangalore forthwith, along with the accrued interest, on filing necessary application.
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