Karnataka High Court
M/S Subramanya Enterprises vs M/S Sri Daushmesh Distributors on 4 December, 2021
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION NO.1071/2021
BETWEEN:
M/S.SUBRAMANYA ENTERPRISES,
REPRESENTED BY ITS PROPRIETOR,
K.N.B.SHARMA,
AGED ABOUT 71 YEARS,
R/AT NO.751, 37TH 'F' CROSS,
JAYANAGAR, 4TH 'T' BLOCK,
BENGALURU - 560 041.
... PETITIONER
(BY SRI.R.V.SHIVANANDA REDDY, ADVOCATE)
AND:
M/S. SRI.DAUSHMESH DISTRIBUTORS,
BY ITS PROPRIETOR,
SRI.LOHITH SINGH,
S/O AMAR SINGH G.,
AGED ABOUT 41 YEARS,
NO.11, KRISHNAPPA BUILDING,
OFF: KANAKAPURA ROAD,
CHUNCHAGHATTA MAIN ROAD,
BENGALURU - 560 06.
...RESPONDENT
(BY SRI.JAGADISH B.M., ADVOCATE FOR
SRI.B.C.VENKATESH, ADVOCATE)
2
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH 401 OF CR.P.C.
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 27.06.2018 OF CONVICTING PASSED IN
C.C.NO.8194/2016, ON THE FILE OF THE II A.C.J.M.,
BENGALURU RURAL DISTRICT AND ORDER DATED
12.02.2021 AND CRL.A.NO.67/2018 ON THE FILE OF THE
VIII ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU AND ACQUIT THE
RESPONDENT FOR THE OFFENCE P/U/S 138 OF THE N.I.
ACT.
THIS CRIMINAL REVISION PETITION COMING ON
FOR ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Parties present with their respective counsels
along with the Joint Memo. Joint Memo reads as
under:
"1. The top noted case is filed by the
petitioner being aggrieved by the judgment
and order of conviction dated 27.06.2018 in
C.C.No.8194/2016 on the file of the II Addl.
Chief Metropolitan Magistrate Bengaluru Rural
District at Bengaluru and orders passed by
VIII Addl. District and Sessions Judge in
Crl.Appeal No.67/2018 dated 12.02.2021.
The above matter was posted on 18.10.2021
before this Hon'ble Court for admission and
allowed the I.A. and issued the notice to the
respondent thereafter the parties are
compromised in the above matter in the
intervention, friends, elders, well-wishers of
their families.
2., The respondent have filed the complaint
before the learned II Addl. Chief Judicial
Magistrate Bengaluru Rural District at
Bengaluru for the offence punishable under
Section 138 of N.I. Act. The cheque amount
is Rs.21,54,000/-. The Trial Court has
convicted the petitioner and imposed the fine
sum of Rs.21,64,000/- out of that
Rs.21,54,000/- shall be paid as a
compensation to the complainant/respondent.
Remaining Rs.10,000/- shall defrayed as a
State expenses.
3. The petitioner and the respondent have
settled the dispute amicably for a sum of
Rs.13,00,000/- full and final settlement, the
petitioner is agreed to pay the settlement
amount and also the respondent/complainant
is agreed to receive the same as below
mentioned instalments-
(i) 10-01-2022 for a sum of Rs.3,00,000/-
(ii)10.02.2022 for a sum of Rs.3,00,000/-
(iii) 10.03.2022 for a sum of Rs.7,00,000/-
2. The Contents of joint memo is read over
and explained to the parties and parties admitted the
contents of joint memo and it depicts the true terms
of settlement. Hence, there is no impediment for this
Court to accept the joint memo and dispose of the
criminal revision petition in terms of joint memo.
Hence, the following:
ORDER
i. The criminal revision petition is disposed of in
terms of joint memo.
ii. It is made clear that after payment of the last
installment in a sum of Rs.7,00,000/- on
10.03.2022 as agreed, the accused stands
acquitted.
iii. Amount in deposit if any is ordered to be
withdrawn by the respondent.
iv. If the Revision Petitioner fails to make the
payment as agreed, the order of the Trial Court
automatically restored.
Sd/-
JUDGE
SSD
