NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1411  OF 2017

[@ SPECIAL LEAVE PETITION (CRL) NO. 1101 OF 2017]

G. RAVI APPELLANT(S)                                 VERSUS

STATE OF KARNATAKA & ANR. RESPONDENT(S)

J U D G M E N T KURIAN, J.

Leave granted. 2. The appellant is before this Court aggrieved by the order dated 27.10.2016 passed by the High Court, wherein the  High  Court  declined  to  quash  the  proceedings instituted against the appellant under Section 420 I.P.C., pending  before  the  Judicial  Magistrate  First  Class  at Saundatti. 3. We are happy to note that the parties have decided to purchase peace, without prejudice to the legal contentions available to them.  Accordingly, this Court on 31.07.2017 passed the following order:-

“Mr.  K.  V.  Vishwanathan,  learned  senior counsel  appearing  for  the  petitioner,  submits that despite the strong legal position in his favour, the petitioner is interested in settling the  dispute  without  prejudice  to  the contentions,  by  paying  Rs.  3,50,000/-  (Rupees

1

Three  Lakhs  and  Fifty  Thousand)  to  the respondent(s)  within  two  weeks,  to  which  the respondent(s) has agreed.   

Post on 16.08.2017.”     4. Today, Mr. K.V. Vishwanathan, learned senior counsel, has handed over two demand drafts for the said sum of Rs.3,50,000/-  (Rupees  Three  Lakhs  and  Fifty  Thousand), which has been duly acknowledged by the learned counsel appearing for Respondent No.2. 5. Since it is a matter essentially arising under Section 138 of the Negotiable Instruments Act, we are of the view that in the interest of justice and for securing ends of justice, the disputes are also given a quietus. 6. Accordingly,  complaint  under  C.C.  No.487  of  2015 pending before the Judicial Magistrate, First Class, at Saundatti stands quashed. 7. We are informed that another case between the parties in  respect  of  essentially  the  same  subject  matter instituted by one Mr. Mahadevappa is pending before the Judicial  Magistrate  First  Class,  Mysore,  in  which  the Respondent No.2 is one of the accused.   8. Since, the basic disputes have been settled between the parties amicably, it will be open to Respondent No.2 to bring it to the notice of appropriate Forum at the appropriate  stage,  so  that  there  may  not  be  any requirement for the criminal proceedings to continue in case the Court is so satisfied.

2

9. The appeal is disposed of, as above. 10. Pending application(s), if any, shall stand disposed of.  

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; AUGUST 16, 2017.

3