Ramesh Solanki vs. Ramesh Keshava

$& ITEM NO.15 COURT NO.6 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 7477-7480/2013 (Arising out of impugned final judgment and order dated 19/07/2011 in CRLRP No. 827/2004,19/07/2011 in CRLRP No. 828/2004,19/07/2011 in CRLRP No. 829/2004,19/07/2011 in CRLRP No. 830/2004 passed by the High Court Of Karnataka At Bangalore) RAMESH SOLANKI Petitioner(s) VERSUS RAMESH KESHAVA Respondent(s) (With office report) Date : 16/07/2014 These petitions were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Ms. Mahalakshmi Pavani, Adv. Mr. G. balaji, Adv. M/s. Mahalakshmi Balaji & Co. ,Adv. For Respondent(s) Mr. Krishna Mani, Sr. Adv. Mr. Shanthakumar V. Mahale, Adv. Mr. Harish S.R. Adv. Mr. Amith J., Adv. Mr. Rajesh Mahale ,Adv.

UPON hearing the counsel the Court made the following O R D E R

Petitioner is the complainant. Respondent is the accused. Petitioner is aggrieved by the impugned order whereby the High Court has acquitted the respondent of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Signature Not Verified

Digitally signed by

After hearing learned counsel for the parties, we suggested Gulshan Kumar Arora Date: 2014.07.21 17:34:03 IST that in view of the peculiar facts of this case, the parties may Reason:

make an effort to settle the matter. We are happy to note that in deference to our suggestion, the parties have indeed settled the matter. They have agreed to settle the matter at a total amount 2

of Rs.11,00,000/- (Rupees eleven lacs only). We appreciate the efforts made by learned counsel to settle the matter.

Learned counsel for the parties have informed us that they have talked to their respective clients today and their clients have agreed to this compromise. We accept these statements made by the counsel on the basis of instructions received by them from their respective clients.

We are informed that an amount of Rs.2,50,000/- (Rupees two lacs fifty thousand only) is lying deposited in the High Court of Karnataka. The respondent is agreeable to the said amount being withdrawn by the complainant-petitioner. As per the compromise, apart from the said amount of Rs.2,50,000/- (Rupees two lacs fifty thousand only) which is lying deposited in the High Court of Karnataka, a further sum of Rs.8,50,000/- (Rupees eight lacs fifty thousand only) will be paid by the respondent to the petitioner which will complete the agreed total amount of Rs.11,00,000/- (Rupees eleven lacs only) which is to be paid by the respondent to the petitioner in full and final settlement of the dispute.

Learned counsel for the respondent says that the respondent will pay an amount of Rs.4,25,000/- (Rupees four lac twenty five only) within eight weeks from today and the remaining amount of Rs.4,25,000/- (Rupees four lac twenty five thousand only) will be paid within eight weeks thereafter. The petitioner is agreeable to this arrangement. It is further agreed that if any interest is accrued on the amount of Rs.2,50,000/- (Rupees two lacs fifty thousand only) which is lying deposited in the High Court of Karnataka, the petitioner will be entitled to it and he can withdraw the same.

We direct the Registrar-General of Karnataka High Court to permit the petitioner to withdraw the amount of Rs.2,50,000/- (Rupees two lac fifty thousand only) along with interest, if any.

In view of the statements made by learned counsel for the petitioner and learned counsel for the respondent, we accept the settlement and dispose of the special leave petitions in terms of the settlement which we have recorded. Needless to say that if there is a failure to abide by the terms of settlement recorded by us, the complainant-petitioner will be at liberty to approach this Court for appropriate orders.

(Gulshan Kumar Arora) (Indu Pokhriyal) Court Master Court Master