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2014 DIGILAW 927 (RAJ)

Purshottam v. Tushar Dave

2014-04-12

ARUN BHANSALI

body2014
JUDGMENT 1. - This appeal under Section 96 CPC is directed against the judgment and decree dated 20.09.2011 passed by the Additional District Judge (Fast Track) No.2, Udaipur, whereby, the suit filed by the respondent-plaintiff for a sum of Rs. 2,00,000/- has been decreed along-with interest @ 12% per annum from the date of filing of the suit i.e. 28.07.2006. 2. It is submitted by learned counsel for the parties that the dispute arose out of a Cheque No.258287 dated 25.05.2006 said to have been issued by the appellant favouring the respondent regarding which besides the present suit, while the appellant has filed a complaint of cheating/forgery against the plaintiff, wherein the said complaint has been forwarded to the Police for inquiry under Section 202 Cr.P.C., the respondent has initiated proceedings under Section 138 of Negotiable Instruments Act and the said proceedings being Criminal Case No.286/2012 is pending before the Special Judge (Negotiable Instrument Act Cases) No.1, Udaipur and seeking quashing of the said proceedings S.B. Criminal Misc. Petition No.847/2014 (Purshottam v. Tushar Dave) filed by the appellant is pending consideration before this Court. 3. It is submitted by learned counsel for the parties that during the pendency of this appeal by order dated 24.05.2013, the appellant was directed to deposit a sum of Rs. 1,20,000/- along-with interest @ 6% per annum from the date of judgment and the rest of the impugned decree was stayed. 4. In pursuance whereof, the appellant has deposited a sum of Rs. 1,33,800/- before the trial court on 09.12.2013 and the said amount has been withdrawn by the respondent. 5. It is submitted that now in the spirit of 'Lok Adalat' the parties, who are present in the Court today, have resolved the dispute, whereby the appellant has agreed to pay a further lump sum of Rs. 1,50,000/- to the respondent in the full and final satisfaction of the impugned decree dated 20.09.2011. A sum of Rs. 15,000/- has been paid in cash today itself and a Cheque No.049639, dated 12.04.2014 drawn on the Federal Bank for a sum of Rs. 1,35,000/- has also been delivered to the respondent himself. 6. Both the parties have further agreed to withdraw and/or not press the proceedings pending before the Criminal Courts and/or this Court pertaining to the Cheque dated 25.05.2006. 7. 1,35,000/- has also been delivered to the respondent himself. 6. Both the parties have further agreed to withdraw and/or not press the proceedings pending before the Criminal Courts and/or this Court pertaining to the Cheque dated 25.05.2006. 7. It is submitted by learned counsel for the appellant that certain original documents were filed by the respondent-plaintiff before the trial court, which includes a Sale-deed (Ex.-3), which may be directed to be delivered to the appellant. Learned counsel for the respondent has no objection to the same. 8. The record, which has been summoned by this Court be returned back to the trial court immediately, on an application made by the appellant, the trial court will return the said document (Ex.-3) to the appellant after retaining a certified copy of the said document on record. 9. At the request of learned counsel for the appellant, in view of provisions of Section 65B of the Rajasthan Court Fees & Suits Valuation Act, 1961, the appellant shall be entitled to a certificate from this Court authorising him to receive back from the Collector, the full amount of Rs. 13,625/- of the Court Fees paid in respect of the present appeal. A Certificate in this regard be issued by the office. 10. In view of the settlement arrived at between the parties before this Court in the spirit of 'Lok Adalat', with the above directions, the present appeal and application under Order 41, Rule 27 CPC are disposed of in terms of the said settlement.Appeal disposed of. *******