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2022 (11) TMI 849

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..... oner herein who was accused in the Trial Court is acquitted of the offence punishable under Section 138 of the N.I. Act - the present revision petition stands disposed of. - Criminal Revision Petition No. 94 of 2018 - - - Dated:- 12-10-2022 - Dr. H. B. Prabhakara Sastry , J. For the Appellant : Dharmapal , Advocate For the Respondents : D. Bhuvaneshwari , Advocate ORDER The present revision petition has been filed by the accused, challenging the judgment of conviction and order on sentence passed by the learned XIV Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru (hereinafter for brevity referred to as the Trial Court ) in C.C. No. 50025/2013, holding the accused guilty for the offence punishable .....

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..... ,000/-to the respondent, as full and final settlement of the claim in this petition, in the form of a Demand Draft dated 02-08-2022 bearing No. 070383 drawn in favour of the respondent, on AXIS Bank Limited, Kalyan Nagar Branch, Bangalore, for a sum of Rs. 1,00,000/-and that he has no objection for the respondent to withdraw the amount of Rs. 1,75,000/-deposited by him in C.C. No. 50025/2013 in the Trial Court. The respondent, who is physically present and identified by the learned counsel for the respondent acknowledges the receipt of the said Demand Draft for a sum of Rs. 1,00,000/-by her from the petitioner. The petitioner through his counsel submits that he would extend all assistance and execute the necessary papers, application, .....

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..... ing is permitted to be allowed on the common condition that the accused pays 15% of the cheque amount by way of graded cost. 8. Admittedly, in the instant case, the cheque amount is for a sum of Rs. 2,50,000/-, as such, the graded cost would be Rs. 37,500/-. 9. The learned counsel for the petitioner submits that, the graded cost payable by the petitioner by virtue of the judgment of the Hon'ble Apex Court in Damodar S. Prabhu's case (supra), which comes to a total sum of Rs. 37,500/-would be deposited by the petitioner. Accordingly, along with the application, the petitioner has also filed a Demand Draft bearing No. 070672 dated 12-10-2022, drawn on AXIS Bank Ltd., Kalyan Nagar, Bangalore [KT], in favour of KSLSA, for a sum of .....

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