Karnataka High Court
M/S. Fortuna Buildcon India (P) ... vs M/S. Bhanu Steel & Alloys on 23 December, 2021
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION NO.982/2019
C/W
CRIMINAL REVISION PETITION NO.983/2019
In CRL.R.P.No.982/2019
BETWEEN
1. M/S FORTUNA BUILDCON INDIA (P) LTD.,
No.212, 13TH CROSS,
OPPOSITE CAFÉ COFFEE DAY,
UPPER PLACE ROAD,
SADASHIVANAGAR,
BANGALORE - 560 080.
REP BY ITS DIRECTOR
MR. SHAILESH KUMAR.
2. MR. SHAILESH KUMAR,
AGED ABOUT 43 YEARS,
S/O LATE N.SREERAMULU,
3. MR. RAJESH KUMAR,
AGED ABOUT 46 YEARS,
S/O LATE N.SREERAMULU,
BOTH ARE RESIDING AT
No.212, 13TH CROSS,
OPPOSITE CAFÉ COFFEE DAY,
2
UPPER PLACE ROAD,
SADASHIVANAGAR,
BENGALURU - 560 080.
...PETITIONERS
(BY SRI.RUDRAPPA.P., ADVOCATE)
AND
M/S BHANU STEEL & ALLOYS,
No.17, SRI RAGHAVENDRA LAYOUT,
D BLOCK, TUMAKUR TOAD,
OPP MEI FACTORY,
YESHWANTHPURA,
BANGALORE - 560 022
REP BY ITS GPA HOLDER
MR.ARUN KEJRIWAL.
...RESPONDENT
(BY SRI.VITTALA SHETTY.P., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 06.07.2019 PASSED BY THE LVI ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU IN
CRL.A.No.139/2019 AND SET ASIDE THE JUDGMENT AND
CONVICTION ORDER DATED 22.12.2018 PASSED BY THE
XII ADDL. C.M.M., BENGALURU IN C.C.No.18311/2017.
In CRL.R.P.No.983/2019
BETWEEN
1. M/S FORTUNA URBANSCAP (P) LTD.,
No.212, 13TH CROSS,
OPPOSITE CAFÉ COFFEE DAY,
UPPER PLACE ROAD,
SADASHIVANAGAR,
BANGALORE - 560 080.
3
REP BY ITS DIRECTOR
MR. SHAILESH KUMAR.
2. MR. SHAILESH KUMAR,
AGED ABOUT 43 YEARS,
S/O LATE N.SREERAMULU,
3. MR. RAJESH KUMAR,
AGED ABOUT 46 YEARS,
S/O LATE N.SREERAMULU,
BOTH ARE RESIDING AT
No.212, 13TH CROSS,
OPPOSITE CAFÉ COFFEE DAY,
UPPER PLACE ROAD,
SADASHIVANAGAR,
BENGALURU - 560 080.
...PETITIONERS
(BY SRI.RUDRAPPA.P., ADVOCATE)
AND
M/S BHANU STEEL & ALLOYS,
No.17, SRI RAGHAVENDRA LAYOUT,
D BLOCK, TUMAKUR TOAD,
OPP MEI FACTORY,
YESHWANTHPURA,
BANGALORE - 560 022
REP BY ITS GPA HOLDER
MR.ARUN KEJRIWAL.
...RESPONDENT
(BY SRI.VITTALA SHETTY.P., ADVOCATE)
4
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
PASSED IN CRL.A.No.140/2019 ON THE FILE OF THE LVI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-57
BENGALURU DATED 06.07.2019 AND SET ASIDE THE
JUDGMENT AND CONVICTION ORDER IN
TH
C.C.No.18312/2017 ON THE FILE OF THE 12 A.C.M.M.,
AT BENGALURU DATED 22.12.2018.
THESE CRIMINAL REVISION PETITIONS COMING ON
FOR ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
A sum of Rs.10,00,000/- is furnished by the Revision
Petitioners to the respondent/complainant, who is present
before the Court vide Demand Draft No.020781 dated
23.12.2021 drawn on HDFC Bank, Sadashivanagar,
Bengaluru. Apart from Demand Draft of Rs.10,00,000/-, a
sum of Rs.12,00,000/- is paid in cash by the Revision
Petitioners to the complainant.
A joint memo duly signed by the parties with their
respective counsel is filed before the Court depicting the
above aspects and balance amount of Rs.4,54,000/- will
be paid on or before 31.03.2022.
Keeping the joint memo on record, the Criminal
Revision Petitions are disposed of.
After payment of balance amount of Rs.4,54,000/-,
the accused/Revision Petitioners stand acquitted for the
offence punishable under Section 138 of the Negotiable
Instruments Act, 1881. Failing which, the complainant/
respondent is at liberty to execute the order.
On payment of the balance amount of Rs.4,54,000/-,
complainant/respondent agrees to withdraw the pending
criminal proceedings. Till such time, the pending criminal
proceedings need not be precipitated.
An amount Rs.7,00,000/- deposited before the Trial
Court by the Revision Petitioners is ordered to be
withdrawn by the complainant/respondent under due
identification.
Sd/-
JUDGE
KA*
