M/S Bharath Travels vs M/S Dowac Systems &
2022 Latest Caselaw 2331 Kant

                                           CRL.A.No.734/2016


                            1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 14TH DAY OF FEBRUARY 2022

                        BEFORE

      THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

         CRIMINAL APPEAL NO. 734/2016
BETWEEN:

M/S BHARATH TRAVELS
BUSINESS AT NO.3
S.S.JAIN MARKET
M.P.LANE CHICKPET CROSS
BANGALORE - 560 053
REP.BY MR.ASHOK KUMAR JAIN
S/O LATE CHAGANRAJ JAIN
AGED ABOUT 47 YEARS                   ... APPELLANT

(BY SMT.VAIJAYANTHIMALA.B, ADV.(ABSENT))

AND

1.    M/S DOWAC SYSTEMS &
      PROJECTS INDIA PVT. LTD.,
      AT NO.15/9, 2ND FLOOR
      PRIME ROSE ROAD
      M.G. ROAD CROSS
      BANGALORE - 560 001

2.    MR.DINESH JAIN
      AGED ABOUT 45 YEARS
      M/S DOWAC SYSTEMS &
      PROJECTS INDIA PVT. LTD.
      AT NO.15/9, 2ND FLOOR
      PRIME ROSE ROAD
      M.G.ROAD CROSS
      BANGALORE - 560 001
      R/AT NO.3, 4TH FLOOR
                                                 CRL.A.No.734/2016


                             2


      HARIHARA MANSION, 3RD MAIN
      3RD CROSS GANDHINAGAR
      BANGALORE - 560 009                    ... RESPONDENTS

(BY SRI. RAMESH.P.KULKARNI, ADV.)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 24.02.2016
PASSED    BY    THE   XXV    A.C.M.M.,  BANGALORE     IN
C.C.NO.9993/2014 ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE P/U/S 138 OF N.I.ACT AND ETC.

     THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED
THE FOLLOWING:


                        JUDGMENT

No representation for the appellant.

2. Heard the respondents' counsel and perused

the records. This appeal arises out of the order of acquittal

passed in C.C.No.9993/2014.

3. The records produced by the respondents'

counsel show that the same parties filed

C.C.No.20441/2015 which was pending before XXXI ACMM

Bangalore. In that case the present respondents were

convicted and they preferred Crl.A.No.514/2019 before

LXII Additional City Civil & Sessions Judge, Bengaluru.

CRL.A.No.734/2016

4. In Crl.A.No.514/2019 the parties settled their

dispute for a sum of Rs. 3,50,000/-. Out of that D.D for an

amount of Rs.1 lakh was paid on the date of presentation

of application under Section 147 of Negotiable Instruments

Act, 1881.

5. The records further show that the appellant

filed Execution Petition No.1732/2019 before the Sessions

Court for enforcement of order passed in

Crl.A.No.514/2019. The order sheet dated 21.04.2020 in

Execution Petition No.1732/2019 shows that the

respondents paid Rs.2,55,000/- by way of pay order dated

12.06.2020. Therefore, the Execution was closed as

satisfied.

6. In the application filed under Section 147 of

the NI Act, the appellant had agreed to withdraw his

appeal. In view of the settlement, the present appeal does

not survive for further consideration. The appeal is

dismissed.

CRL.A.No.734/2016

NBW issued against the respondent is recalled. IA

No.1/2022 is disposed of accordingly.

Sd/-

JUDGE

PKN