Sri Vikram Patil vs M/S Akarsh Developments

Citation : 2025 Latest Caselaw 9257 Kant
Judgement Date : 16 October, 2025

Karnataka High Court

Sri Vikram Patil vs M/S Akarsh Developments on 16 October, 2025

Author: Mohammad Nawaz
Bench: Mohammad Nawaz
                                          -1-
                                                     NC: 2025:KHC:41221
                                                 CRL.P No. 9172 of 2024


               HC-KAR




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 16TH DAY OF OCTOBER, 2025

                                       BEFORE
                    THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
               CRIMINAL PETITION NO. 9172 OF 2024 (482(Cr.PC)
                                    / 528(BNSS))
               BETWEEN:

               SRI VIKRAM PATIL
               S/O VAIJANATH PATIL
               AGED ABOUT 47 YEARS
               R/AT H NO. MIG 4
               SHANTI NAGAR
               KALABURAJI
               KALBURGI 585 103
                                                          ...PETITIONER
               (BY SRI. MAHESH S AND CO.,ADVOCATE)

               AND:

Digitally      1.   M/S AKARSH DEVELOPMENTS
signed by
LAKSHMI T           A REGISTERED PARTNERSHIP FIRM
Location:           HAVING ITS REGISTERED OFFICE AT NO. 100/1
High Court
of Karnataka        CITY CENTER, OPP. TOWN HALL
                    J C ROAD, BANGALORE 560 002
                    REPRSENTED BY ITS MANAGING PARTNER

               2.   MR. AVINASH AMARLAL
                    MANAGING PARTNER
                    S/O SETHH AMARDAS AMARLAL
                    AGED BOT KNOWN TO THE PETITIONER
                    RA/T NO. 32, NANJAPPA ROAD
                    SHANTHI NAGAR
                    BANGALORE 560 027
                                                        ...RESPONDENTS
                              -2-
                                             NC: 2025:KHC:41221
                                       CRL.P No. 9172 of 2024


HC-KAR



     CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE
IMPUGNED ORDER AND JUDGMENT DATED 01.04.2024 PASSED
BY THE HONBLE XXVII ACMM BANGALORE IN CC
NO.27939/2023 FOR OFFENCES P/U/S 138 OF NI ACT AND
PASS THE ORDER IN TERMS OF JOINT MEMO ACQUITTING
PETITIONER.

      THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ


                       ORAL ORDER

Office has raised objections regarding maintainability of this petition.

2. Vide impugned order, the learned Magistrate has convicted the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act.

3. Against the judgment of conviction and sentence passed by the learned Magistrate, an appeal is provided before the Sessions Court.

4. Hence, the instant petition is dismissed as not maintainable.

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NC: 2025:KHC:41221 CRL.P No. 9172 of 2024 HC-KAR

5. Petitioner is at liberty to seek remedy as available under law.

6. The Registry shall return the documents furnished along with the petition including the certified copy of the Judgment, to the learned counsel for the petitioner, retaining the photo copies of the same.

Sd/-

(MOHAMMAD NAWAZ) JUDGE HR List No.: 1 Sl No.: 18