M/S Creative Design And Products vs M/S.Saurav Suman Finvest Pvt Ltd
2021 Latest Caselaw 7054 Kant

                        -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 22ND DAY OF DECEMBER, 2021

                      BEFORE

        THE HON'BLE MR.JUSTICE V.SRISHANANDA

 CRIMINAL REVISION PETITION NO.1114/2021

BETWEEN :

M/S.CREATIVE DESIGN AND PRODUCTS,
NO.7, 2ND CROSS, MUNISWAMAPPA LAYOUT,
BOMANAHALLI, HOSUR MAIN ROAD,
BANGALORE - 560 068.
REPRESENTED BY GENERAL MANAGER,
MR.SAVAN GOEL.
                                         ...PETITIONER
(BY SRI. S.MAHESH, ADVOCATE AND
    SRI.SANJAY YADAV B., ADVOCATE)

AND :

M/S. SAURAV SUMAN FINVEST PVT. LTD.,
REPRESENTED BY TINKUKHEMKA,
AUTHORISED SIGNATORY,
NO.4, 2ND CROSS, MYSORE ROAD,
BANGALORE - 560 026.
                                        ... RESPONDENT
(BY SMT.DIVYA RAMESH, ADVOCATE)

      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 10.12.2020
PASSED BY THE HONBLE LVIII ADDITIONAL CITY CIVIL AND
SESSIONS    JUDGE    AT   BENGALURU    (CCH-59),  IN
CRL.A.NO.1952/2018 BY CONFIRMING THE JUDGMENT OF
CONVICTION AND SENTENCE DATED 28.08.2018 PASSED BY
XXVII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BENGALURU IN C.C.NO.948/2017 SENTENCING HIM TO PAY
A FINE OF RS.1,70,000/- AND IN DEFAULT TO UNDERGO
SIMPLE IMPRISONMENT FOR A PERIOD OF THREE MONTHS
FOR THE OFFENCE P/U/S.138 OF NI ACT AND ACQUIT THE
PETITIONERS OF ALL THE CHARGES.
                            -2-




     THIS CRIMINAL REVISION PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-


                        ORDER

An application filed by the both parties under

Section 147 of the Negotiable Instruments Act, 1881

(hereinafter referred to as 'the N.I.Act' for short), which

is signed by both the parties and their respective

counsels.

2. Along with the application, a cheque for a

sum of Rs.1,31,000/- is given by the revision petitioner

to the respondent and a sum of Rs.34,000/- is in

deposit.

3. With the payment of said amount, the entire

fine amount as ordered by the trial Magistrate in a sum

of Rs.1,65,000/- stands paid by the accused to the

complainant.

3. Taking note of the same, after encashment

of the cheque, the accused stands acquitted by allowing

I.A.No.4/2021 filed under Section 147 of the N.I.Act.

The amount in deposit in a sum of Rs.34,000/- is

ordered to be withdrawn by the complainant/respondent

under due identification. Further, if there is dishonour of

the cheque issued today, order of the trial Magistrate

stands automatically restored.

4. Accordingly, the criminal revision petition is

disposed off.

Sd/-

JUDGE NR/-