Karnataka High Court
M/S Shreeji Agro Tech Industries vs M/S Tanz Inc on 11 February, 2022
Bench: Sreenivas Harish Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11 T H DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO.809 OF 2016
BETWEEN
M/s Shreeji Ag ro Tech Ind ustries,
A partnership firm, having its
Registered Office at Plot No.214/5,
Raichur Growth Centre,
Yeganoor Villag e, KIADB Induslower
Area, Hyd erab ad Road , Raichur-584102,
Represented by its Partner
Mr. Himanshu, s/o Hasmukhlal Mang alal,
Aged about 36 years.
...Appellant
(By Sri.S.Basavaraj, Senior Counsel for
Sri M.S.Manju, Advocate)
AND
1. M/s Tanz Inc.,
No.15 & 16, Santhosh Vihar,
18th Cross, Phase II,
Near GKVK, Opposite Road ,
Jakkur Main Road,
Beng aluru-560 064
Also at
M/s Tanz Inc.,
No.5, 1st Floor, 9th Main,
Viswarma Hotel Private Layout,
Rajmahal Vilas Extension,
Bellary Road,
Beng aluru-560 080.
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2. Mr. Ravi N.Sub ramanyam,
Partner/Authorised Signatory,
M/s Tanz Inc., No.30,
NHCS Layout, West of Chord
Road, 3rd Stag e, 4th Block,
Basaveshwar Nag ar,
Beng aluru-560 079.
3. Mrs. Suma,
Partner,
M/s Tanz Inc.,
R/a No. 203, 2nd Floor,
Eleg ant West Woo Ap artments,
2nd Cross, 2nd Main,
Malleshwaram,
Beng aluru-560 003.
...Respond ents
(By R1 - Served; Sri M.Srinivas, Advocate for R2;
Sri K.S.Arun, Ad vocate for R3)
This Criminal Appeal is filed under Section 378(4)
Cr.P.C praying to set aside the judgment dated
7.4.2016 passed by XXVII ACMM, Beng aluru, in
C.C.No.6576/2015 acq uitting the respondent/accused
for the offence p/u/s 138 of N.I.Act.
This Criminal Appeal coming on for hearing this
day, the Court mad e the following :
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ORDER
Today respondents 2 and 3 are present before
the court with their respective advocates.
Appellant and his advocate are also present.
2. On 01.02.2022, I heard the arguments of
learned counsel for respondent no.3 on merits of
appeal concerning respondent no.3. I do not think
his argument is to be dealt with in view of
subsequent development.
3. On 1.2.2022, learned counsel for
respondent no.2 made a submission that his client
was ready for settlement with the appellant, as it
was actually the responsibility of respondent no.2
to clear the money to be paid to appellant and he
prayed for time to finalize the terms of settlement.
Pursuant to same, today an application under
section 147 Negotiable Instruments Act signed by
respondent no.2 and 3 has been filed. The said
application is also signed by the appellant and his
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advocate. In the said application, it is stated that
respondent no.2 will make payment of
Rs.45,00,000/- to the appellant on different dates
as stated in para 6. Para 6 is extracted as below:
"6. It is submitted that, the
Respondent No.2 will make payment of
Rs.45,00,000/- (Rupees Forty Five Lakhs
only) as per the dates mentioned below
without default. The total duration to
make the payment is 1 year 8 months.
a. 20/04/2022 Rs.2,50,000/-
b. 20/06/2022 Rs.2,50,000/-
c. 20/08/2022 Rs.5,00,000/-
d. 20/10/2022 Rs.5,00,000/-
e. 20/12/2022 Rs.6,00,000/-
f. 20/02/2023 Rs.6,00,000/-
g. 20/04/2023 Rs.6,00,000/-
h. 20/06/2023 Rs.6,00,000/-
i. 20/08/2023 Rs.6,00,000/-
4. The appellant is ready to receive
Rs.45,00,000/- from respondents 2 and 3 and
compound the offence.
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5. It is stated in para 4 of the application that
respondent no.2 suffered huge losses in the
business and he has no income to maintain his
family. So having regard to the financial condition
of respondent no.2, who is actually responsible for
clearing the liability of the appellant, application is
taken on record. Compounding is permitted.
6. It is to be stated further that on
26.11.2021, the appeal was allowed as against
respondent no.2, and now by virtue of
compounding, respondent no.2 stands acquitted.
Appeal as against respondent no.3 is dismissed.
The bail bonds executed by respondents 2 and 3
by virtue of the order of this court dated
12.01.2022 and 20.12.2021 are cancelled.
7. If the respondent no.2 does not make
payment in accordance with the schedule as
mentioned in para 6 of the application under
section 147 of N.I.Act, the appellant is at liberty
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to take out Fine Levy Warrant against respondent
no.2 only, for recovery of the money.
Sd/-
JUDGE
sd
