P SURESH KUMAR Vs. R SHANKAR

JUDGEMENT

(1.) The parties hereto were partners. The partnership business ran into rough weather. Appellant intended to initiate some criminal proceedings against the respondent. Allegedly, the bank account was to be operated jointly. Respondent alone as a partner, thus, could not have taken out any money from the bank. However, allegedly, he did so. According to the respondent, a compromise was entered into by and between the parties in a police station on the following terms:

(2.) Pursuant thereto or in furtherance thereof, the respondent allegedly handed over a post-dated cheque for a sum of Rs. 7,00,000/- to the appellant. As the said cheque was dishonoured on presentation, a complaint petition was filed by the appellant inter alia alleging:

(3.) The learned Trial Judge, however, found the said defence of the respondent to be not acceptable. The learned Magistrate by a judgment and order dated 12.10.1998 imposed a fine of Rs. 7,05,000/- and directed that if the respondent fails to remit, he will undergo three months simple imprisonment. Out of the said amount, he was directed to pay a sum of Rs. 7,00,000/- by way of compensation and the remaining sum of Rs. 5000/- was to be credited to the Government.