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KARNATAKA HIGH COURT
MR. JUSTICE M. NAGAPRASANNA, J
MR. HEMACHANDRA M.KUPPALLI – Appellant
Versus
M/S R.B.GREEN FIELD AGRO INFRA PVT LTD. – Respondent
| Table of Content |
|---|
| 1. details of cheque issuance and dishonor. (Para 2 , 3) |
| 2. execution case initiation and respondent evasion. (Para 4 , 9) |
| 3. arguments regarding settlement and its implications. (Para 5 , 7 , 10) |
| 4. guidelines for compounding offences under section 138. (Para 11 , 12) |
| 5. fraudulent settlement impacts legal outcomes. (Para 15) |
| 6. order restoration of appeal proceedings. (Para 16) |
ORDER
2. Facts adumbrated are as follows:-
3. The respondent immediately prefers an appeal before the Principal City Civil and Sessions Judge at Bengaluru invoking the provisions under Section 374 of the Cr.P.C., in Criminal Appeal No.1216 of 2015. During the pendency of the appeal, the Court refers the matter to the Lok Adalat for settlement of dispute between the petitioner and the respondent on 05-05-2016. The matter gets settled before the Lok Adalat on that day and an award is drawn up by the Lok Adalat whereby the accused undertook to pay sum of `29,00,000/- in installments, failing which the petitioner was at liberty to recover `30,00,000/- with 12% interest from the date of the award. The accused fails to make any payment or fails to adhere to the conditions of settlement. The petitioner
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