SHIVAKUMAR Vs. G SHREEVATHSA

JUDGEMENT

(1.) SRI .B.Anandkumar learned Advocate for the appellant has filed Vakalath and he argued the matter.

(2.) THERE is a delay of 223 days. There is no objection filed to this application. Hence IA 1/2013 is hereby allowed. Delay of 223 days in preferring the appeal is condoned.

(3.) HEARD the learned counsel for the appellant as well as the respondent. The appellant complainant filed a private complaint under Section 200 Cr.P.C. for the offence punishable under Section 138 of the NI Act, against the accused respondent before the I Addl. Civil Judge, JMFC Court at Gadag. After appearance of the accused, on 10/11/2001, the parties have entered into compromise by means of filing a joint memo. Wherein it is stated that on the date of the compromise between parties the accused has paid an amount of Rs.2,00,000/ - out of the cheque amount of Rs.16,00,000/ -. The accused appellant undertook to pay remaining balance amount of Rs.14,00,0000/ - within six month from the said date. The learned Counsel for the appellant also brought to my notice by means of filing a memo of calculation, that from 10/11/2012 onwards he has received from the accused particularly, on 12/1/2012 an amount of Rs.2,00,000/ -, on 30/4/2012 Rs.75,000/ -, on 28/5/2012 -Rs.1,00,000/ -, on 20/7/2012 -Rs.1,00,000/ - on 22/9/2012 -Rs.50,000/ - on 22/2/2013 -Rs.1,00,0000/ - and on 19/6/2013 a sum of Rs.1,55,000/ - in all the complainant had received an amount of Rs.9,80,000/ -. The remaining balance amount was only Rs.6,20,000/ -. The learned Counsel for the accused submits that the accused is ready and willing to pay said amount within three to four installments within six months before the trial Court.