High CourtsSINGLE BENCH(2017) 08 KAR CK 0033

M/S ELECSUN POWER PRODUCTS INDIA PVT., LTD. vs MR. RAMALINGAM MADHAVAN MANAGING DIRECTOR M/S EXCEL GENERATOR PVT. LTD., & ANR.

Karnataka High Court · Decided on 31 August 2017

HON’BLE JUDGES
Aravind Kumar
CASE NUMBER
1217 of 2015 A of W CRIMINAL APPEAL NO 1218 of 2015

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Judgment

5 paragraphs · 263 words
1.

These two (2) appeals are preferred against judgment dated 10.08.2015 passed by XXVII Addl. Chief Metropolitan Magistrate, Bangalore in C.C.Nos.17226/2013 and 435/2014, whereunder respondents-accused who came to be tried for the offences punishable under Section 138 of Negotiable Instruments Act, 1981 has been acquitted. These two appeals came to be admitted on 21.06.2017.

2.

A memo has been filed in both the appeals duly singed by the learned Advocates appearing for parties and also appellant-complainant stating thereunder that matter has been settled between parties and pursuant to same respondent-accused has paid a sum of ` 23,94,480/- (Twenty Three Lakhs Ninety Four Thousand Four Hundred and Eighty only) to the appellant-complainant by way of Demand Draft bearing No.242871 drawn on Canara Bank, Malleshwaram Branch, in full and final settlement of claim arising out of complaint registered in C.C.Nos.17226/2013 and 435/2014.

3.

Appellant-complainant, who is present before Court is identified by the learned counsel appearing on his behalf and learned counsel has also filed a memo enclosing photocopy of the identity card issued by statutory authority to establish the identity of appellant. Said memo is placed on record.

4.

Learned counsel appearing for appellant- complainant also submits that appellant has received the said Demand Draft and appellant present before Court, who has also affixed his signature to the memo of settlement, has also submitted that he has received the Demand Draft as aforestated and there are no other claims against respondents in both the cases.

5.

In that view of the matter, memo is placed on record. Accordingly, both the appeals stands disposed of.