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2017 Supreme(SC) 1636

KURIAN JOSEPH, R.BANUMATHI
Pravind Kumar – Appellant
Versus
Radhe Ballabh Mishra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R. Anand Padmanabhan, Ms. Ananya Mukherjee, Mr. Shashi Bhushan Kumar
For the Respondents: Mr. Sushil Kumar Singh, Ms. Abha R. Sharma

JUDGMENT :

Kurian, J.

1. Leave granted.

2. The appellant is before this Court, aggrieved by the conviction and sentence in the proceedings under Section 138 of the Negotiable Instructions Act, 1881.

3. We have been told that during the pendency of this matter before this Court, the parties have reached an amicable settlement of the whole dispute for an amount of Rs. 4.5 Lakhs. The said amount was deposited before this Court and the same was directed to be withdrawn by the first respondent along with accrued interest. The amount covered by the cheque was only Rs. 3 Lakhs. The first respondent herein was paid the litigation expenses to the tune of Rs.25,000/-.

4. Having regard to the fact that the cheques were issued in the years 2010 and 2011, we are of the view that a further payment of Rs. 50,000/- (Rupees Fifty Thousand) would be just, fair and equitable.

5. Accordingly, we direct the Judicial Magistrate I Class, Pupri at Sitamarhi Dist., Bihar, to release an amount of Rs. 50,000/- (Rupees Fifty Thousand) to the first respondent and the balance, along with interest, if any, on the whole amount may be released to the appellant. The court shall do the needful regarding the release of the


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