Karnataka High Court
T D Suresh vs Subramanya Konnanur on 9 August, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:32038
WP No. 18581 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 18581 OF 2024 (GM-RES)
BETWEEN:
T.D.SURESH
S/O LATE DORESWAMY,
AGED ABOUT 62 YEARS,
RESIDING AT NO.75,
PEARLS, KARISHMA HILLS, GUBLALA,
KANAKAPURA ROAD,
BENGALURU - 560 061.
...PETITIONER
(BY SRI HEGDE V.S, ADVOCATE)
AND:
SUBRAMANYA KONNANUR
S/O LATE SATHYANARAYAN K.S.,
Digitally signed by NO.15 (OLD NO.4259),
NAGAVENI
Location: HIGH
20TH MAIN ROAD,
COURT OF A BLOCK,
KARNATAKA
SUBRAMANYA NAGAR,
BENGALURU - 560 021.
...RESPONDENT
(BY SMT. ANUPAMA B.S., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 528 OF BARATIYA NAGARIK SURAKSHA SANHITA,
2024 PRAYING TO 1) QUASH THE ORDER OF ISSUANCE OF
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NC: 2024:KHC:32038
WP No. 18581 of 2024
FLW/NBW DATED 26/03/2024 PASSED IN CC NO. 3781
PASSED BY THE XXXVII ADDL. CHIEF METROPOLITAN
MAGISTRATE AT ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question a fine levy warrant issued against him in C.C.No.3781 of 2018.
2. Heard Sri V S Hegde, learned counsel appearing for petitioner and Smt Anupama B S., learned counsel appearing for the respondent.
3. The Fine Levy Warrant comes to be issued on the score that the petitioner has not adhered to the settlement in a proceeding arising out of an offence punishable under Section 138 of the NI Act. The petition was preferred on the score that the proceeding under Section 421 of the Cr.P.C cannot result in FLW. This Court on 12-07-2024 had passed the following order:-
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NC: 2024:KHC:32038 WP No. 18581 of 2024 "Issue emergent notice to respondent No.2.
The order of FLW/NBW dated 26.03.2024 passed by the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru shall remain stayed, subject to the condition that the petitioner would deposit Rs.21 lakhs before this Court on the next date, failing which, the interim order would stand automatically vacated and the petitioner would run the risk of getting the proceedings revived, as the proceedings are closed on account of settlement and not on its merit.
List the matter on 19.07.2024 in the fresh matters list."
The parties have now settled the dispute amongst themselves and have filed a joint memo of settlement.
4. Learned counsel for the parties would submit that all the terms in the memorandum of settlement are complied with.
The settlement appears to be that the complainant would get Rs.20 lakhs out of Rs.21 lakhs in deposit before this Court and Rs.1 lakh would go to the accused. The terms of the settlement reads as follows:
".... .... ....
Now, both the petitioner and Respondent settled the dispute on the following terms.
A) Petitioner shall pay Rs. 20,00,000/-
(Rupees Twenty Lakhs only) for the full and final settlement of the dispute by receiving/withdrawing the same from the Registry of this Hon'ble Court upon the orders of the this Hon'ble Court.
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NC: 2024:KHC:32038 WP No. 18581 of 2024 B) Both parties agreed that the agreement of sale and Memorandum understanding as per ANNEXURE-D AND ANNEXURE-E stand cancelled upon receipt of the amount of Rs.20,00,000/-(Rupees Twenty Lakhs only) by the Respondent.
C) Both the parties agreed that they will not have future claim/obligations whatsoever on account of the above dispute.
Wherefore, it is respectfully prayed that this Hon'ble court be pleased allow the above petition by setting aside the impugned Judgements and orders and further direct the Registry to release Rs.1,00,000/-(one Lakh only) to the petitioner and Rs.20,00,000/- Rupees Twenty Lakhs only) to the Respondent as agreed, in the interest of Justice."
The deposit made before this Court in terms of the order dated 12-07-2024 r/w 19-07-2024 shall be released in favour of the parties as per the settlement arrived at between them supra.
5. Learned counsel for the respondent submits that there is certain deposit made before the trial Court as well. Therefore, the deposit made before the trial Court shall also be released in favour of the complainant, within two weeks from the date of receipt of a copy of this order.
6. For the aforesaid reasons and in view of the settlement arrived at between the parties, I pass the following: -5-
NC: 2024:KHC:32038 WP No. 18581 of 2024 ORDER
(i) Writ Petition is allowed.
(ii) The Fine Levy Warrant dated 26-03-2024 issued in the proceeding initiated under Section 421 of the Cr.P.C. stands quashed.
Sd/-
(M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 33