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A.N.VENUGOPALA GOWDA
M. S. Srikara Rao – Appellant
Versus
H. C. Prakash – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Sri M.S. Raghavendra Prasad, Advocate.
For the Respondent:Sri Dinesh Kumar K. Rao for Sri R.B. Deshpande, Advocate.

ORDER

A.N. Venugopala Gowda, J.—The material facts not in dispute are that the respondent/complainant (for convenience hereinafter referred to as ‘the complainant’) had filed C.C. No. 286 of 2004, in the Court of JMFC, Koppa against the petitioner/accused (for convenience hereinafter referred to as ‘the accused’), under Section 138 of Negotiable Instruments Act, 1881 (for short ‘the Act’), in relation to bounced cheque for Rs.12,00,000, which had been issued by the accused. By a judgment dated 15.2.2007, the accused was convicted and sentenced to pay fine of Rs. 24,00,000 to the complainant. Assailing the said judgment, the accused filed Crl. A. No. 20 of 2007 in the Sessions Court at Chikmagalur. During the pendency of the said appeal, an endeavour having been made to resolve the dispute between the parties, an agreement having been reached, the parties entered into a compromise. The appellant/accused agreed to pay a sum of Rs. 12,00,000, as against the fine amount of Rs. 24,00,000. Out of the agreed amount, the accused paid by cash Rs. 4,00,000, to the complainant and assured to pay the balance amount of Rs. 8,00,000, in installments. Towards payment of the said balance amount, th
























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