SANTHOSH J. Vs. V. NARASIMHA MURTHY

JUDGEMENT

(1.) It is tyranny of justice caused to the complainant after spending 10 years in litigation left with no other option but to compromise for the reason that if the matter is processed any SsnatureNovVtfih er in this Court, he will be deprived of his legitimate claim Wihich has at least now become due to him after his complaint being tried by three different Courts in hierarchy upholding conviction of the petitioner with the concurrent finding of guilt for offence under Sec. 138 of the Negotiable Instruments Act.

(2.) It is informed that a sum of Rs.69.00 lakhs has been made over by the petitioner to the complainant and counsel for the complainant has informed that he does not want to proceed against the petitioner any further as he has settled the dispute amicably, but this Court cannot be oblivious of the situation that precious judicial time of almost 10 years of the Courts has been consumed in this litigation and mere compromise entered into by the parties may not be sufficient to close the proceedings.

(3.) Looking to the quantification of default amount in reference to which the petitioner was convicted under Sec. 138 of the NI Act, let an additional sum of Rs.5.00 lakhs be deposited by the petitioner with the Supreme Court Advocate-on-Record Advocates Welfare Fund within a period of two months and the receipt of money deposited be placed with the Registry of this Court.