LAWS(KAR)-2012-1-101

ASHOK MAHAJAN, PROPRIETOR OF M/S MAHAJAN BORE-WELL COMPANY, NO. 58, CUNNINGHAM ROAD, BANGALORE-560 054. AND M/S MAHAJAN BOREWELL CO., REP. BY ITS PROPRIETOR, MR. ASHOK MAHAJAN, NO. 58, CUNNINGHAM ROAD, BANGALORE-560 054 Vs. M/S MAHARABABA BOREWE

Decided On January 06, 2012
Ashok Mahajan, Proprietor Of M/S Mahajan Bore -Well Company, No. 58, Cunningham Road, Bangalore -560 054. And M/S Mahajan Borewell Co., Rep. By Its Proprietor, Mr. Ashok Mahajan, No. 58, Cunningham Road, Bangalore -560 054 Appellant
V/S
M/S Maharababa Borewe Respondents

JUDGEMENT

(1.) WHEN the matter is called, the learned counsel for the parties presented on application u/s 147 of the N.I.Act and submission made is that, the Crl. R.P. No. 719/2010 be allowed in view of the settlement between the parties and the respondent has no objection for the petitioners to withdraw Rs. 25,000/ -which is in deposit before the trial court in C.C. NO. 28031/2000. Further submission made is that, in view of the parties having settled the matter in the other case pertaining to Crl. R.P. No. 720/2010 and the complainant submitting that he has received the entire amount in respect of Crl. R.P. No. 720/2010 which arose out of C.C. No. 28032/2000, the present application is therefore allowed and the petitioner is acquitted of the offence under section 138 of the N.I.Act by setting aside the orders of the courts below. The petitioners are also at liberty to withdraw the amount of Rs. 25,000/ - deposited by them before the trial court in view of the settlement between the parties.

(2.) THE application filed today shall form part and parcel of this order as the contents of the said application are admitted by both the parties.