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G.SRI DEVI
R. Narender – Appellant
Versus
Yakamma Keloth or Kalyan – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Kiran Palakurthi, Advocate
For the Respondents:N.B. Sudarshan, Advocate

JUDGMENT

G. Sri Devi, J.—The complainant preferred the present Criminal appeal under Section 378 (4) Cr.P.C. questioning the judgment, dated 12.09.2018, passed in C.C.No.87 of 2017 on the file of the Special Magistrate, Cyberabad at Hayathnagar, wherein the 1st respondent/accused was acquitted for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”).

2. For the sake of convenience, the parties will hereinafter be referred to as arrayed in the C.C.

3. The facts, in brief, are as under:

4. The appellant/complainant filed a private complaint against the accused for an offence punishable under Section 138 of the Act. The allegations in the complaint would disclose that in pursuance of the compromise and settlement, both the complainant and the accused entered into a settlement agreement, dated 15.10.2016, wherein the accused had agreed to pay an amount of Rs.70.00 lakhs to the complainant towards full and final settlement and out of which the accused has paid an amount of Rs.50,000/- to the complainant towards advance and further agreed to pay the remaining amount of Rs.69,50,000/- to the complainant on or before 1st November, 2016

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