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A.T. Sivaperumal Versus Mohammed Hyath (D) By Lrs.

2017 (4) TMI 977 - SUPREME COURT

Offence 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 .....

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- 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 withdra .....

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ch the High Court set aside the acquittal of the appellant and convicted him for the offence under Section 138 of the Negotiable Instruments Act and imposing a fine of ₹ 11,00,000/- (Rupees Eleven Lacs), in default to undergo simple imprisonment for a period of six months. Out of the fine amount, the High Court has directed that a sum of ₹ 10,50,000/- (Rupees Ten Lacs Fifty Thousand) be paid as compensation to the legal representatives of the complainant/Mohammed Hyath. 3. The case o .....

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rial Co-operative Bank Limited, Bangalore Rural Branch, Chamarajpet, Bangalore. The said cheque, when it was presented for realization, was returned with the endorsement account closed . After issuing the statutory notice, the complainant had filed a complaint under Section 138 of the Negotiable Instruments Act in C.C. No.40274/2002 before the XVIII ACMM & XX ASCJ, Bangalore City. 4. The Trial Court by its judgment dated 27.04.2004 acquitted the appellant/accused on the ground that the compl .....

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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 .....

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