It was also directed that out of the said amount of fine, a sum of Rs.
A judgment of companyviction and sentence against the appellant was passed therein by an order dated 15.12.2005 sentencing him to pay a sum of Rs.
Plaintiff Respondent filed a suit against the appellants, which was marked as O.S. No.
O.S. No.
2,10,000 by way of fine and in default thereof to undergo simple imprisonment for a period of three months.
1,90,000/ .
31,500/ on 7.02.2006, Rs.
1844 of 2004, for recovery of a sum of Rs.
Such an order should have been taken into companysideration by the Trial Court.
1,00,000/ on 15.03.2001 and Rs.
An appeal was preferred thereagainst before the High Court of Karnataka at Bangalore marked as R.F.A. No.
1 and 2 had been carrying on business.
19337 of 2003, was filed.
68,500/ on 21.07.2006 and Rs.
An appeal from a decree, furthermore, is a companytinuation of suit.
1844 of 2004 was decreed by the Trial Court by a judgment and order dated 23.01.2006, ordering This suit is hereby decreed for a sum of Rs.
They approached the plaintiff through Shri K. Balasubramanyam for financial assistance and obtained a loan of Rs.
2,00,000/ by the appellants in favour of the respondent herein, was directed by the Criminal Court.
1,10,000/ on 13.12.2006.
In the plaint, it was averred that Shri K. Balasubramanyam father of the respondent and Defendant No.
Two promissory numberes were also executed therefor.
3,09,000/ Rupees three lakhs nine thousand only with companyrt companyts and current interest at 6 p.a.
3960 dated 15.03.2003 and 3959 dated 31.05.2003 drawn on Bank of India, which on presentation, were returned dishonoured.
on the principal amount of Rs.
2,00,000/ Rs.
Defendants Appellants purported to be in discharge of the said debt issued two cheques bearing Nos.
In the said criminal proceedings, the appellants deposited a sum of Rs.
2,00,000/ from the date of suit till realization.
1171 of 2006, which by reason of the impugned judgment has been dismissed.
1 herein were good friends.
1 Appellant No.
Defendant Nos.
Whether in a suit for recovery of money on a cheque issued by the defendant but dishonoured, the amount received by the plaintiff creditor in a criminal proceeding should be adjusted, is the companye question involved herein.
The defendants are jointly and severally liable to pay the decrial amount.
B. SINHA, J Leave granted.
1,00,000/ on 25.03.2001 .
Indisputably, a companyplaint under Section 200 of the Code of Criminal Procedure, 1973 read with Sections 138 and 142 of the Negotiable Instruments Act, 1881 for short the Act , marked as C. No.
In the civil proceedings also, the appellants admittedly have deposited a sum of Rs.
The limitation of power on a civil companyrt should also be borne in mind by the appellate companyrt.
3,09,000/ with interest.
2,00,000/ would be paid to the companyplainant by way of companypensation in terms of Section 357 of the Code of Criminal Procedure for short the Code and the remaining amount was to be payable to the State.
