TMI Blog2017 (4) TMI 977X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said liability, the appellant/accused issued a cheque for a sum of ₹ 10,22,419/- dated 14.11.2002 drawn on Karnataka Industrial 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 complainant has not proved the case beyond reasonable doubt as the documentary and also the oral evidence adduced by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already deposited before the Trial Court. 7. In the result, the impugned judgment of the High Court rendered in Criminal Appeal No.895 of 2004 is set aside and this appeal is allowed. The appellant is acquitted of the charge under Section 138 of the Negotiable Instruments Act. 8. 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. 9. The appellant is granted three months' time from today to pay to the respondents a further sum of ₹ 3,00,000/- (Rupees Three Lacs) by way of demand draft in favour of Abdul Kaleem. The appellant (represented by his ..... X X X X Extracts X X X X X X X X Extracts X X X X
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