2017 (4) TMI 977

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es out of the judgment of the High Court of Karnataka at Bangalore in Crl. A. No.895 of 2004 in and by which the High Court set aside the acquittal of the appellant and convicted him for the offence under Section 138 of the Negotiable Instruments Act and imposing a fine of Rs. 11,00,000/- (Rupees Eleven Lacs), in default to undergo simple imprisonment for a period of six months. Out of the fine am....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s presented for realization, was returned with the endorsement "account closed". After issuing the statutory notice, the complainant had filed a complaint under Section 138 of the Negotiable Instruments Act in C.C. No.40274/2002 before the XVIII ACMM & XX ASCJ, Bangalore City. 4. The Trial Court by its judgment dated 27.04.2004 acquitted the appellant/accused on the ground that the complainant ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... complied with. The matter was lingering on file for quite some time. When the matter came up for hearing today i.e. on 27.03.2017, the son of the appellant, by name Srinivasan, was present in the Court. Respondent No.4/Abdul Kaleem, was present in the Court, who stated that he is representing all the legal representatives of complainant/Mohammed Hyath. We suggested to the parties and to their cou....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....auses and A.C.M.M. Court, Bangalore forthwith, along with the accrued interest, on filing necessary application. 9. The appellant is granted three months' time from today to pay to the respondents a further sum of Rs. 3,00,000/- (Rupees Three Lacs) by way of demand draft in favour of Abdul Kaleem. The appellant (represented by his son) is directed to file affidavit of undertaking to this ef....