Meridian Building Solutlions vs Torfenster Systems (India) Pvt ...
2022 Latest Caselaw 947 Kant

                            1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 20TH DAY OF JANUARY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

          CRIMINAL REVISION PETITION NO.444/2019

BETWEEN

1.    MERIDIAN BUILDING SOLUTIONS
      18/3, IST FLOOR
      IST MAIN, SAMPANIGRAMANAGARA
      BENGALURU-560027

2.   K I CHETHAN PUVANNA
     S/O AIYYAPPA
     AGED ABOUT 38 YEARS
     PARTNER OF MERIDIAN BUILDING SOLUTIONS
     18/3, IST FLOOR, IST MAIN
     SAMPANGIRAMANAGARA
     BENGALURU-560027
                                        ... PETITIONERS
(BY SRI SRINIVAS R, ADVOCATE FOR
 B AND S ASSOCIATES, ADVOCATE)

AND

TORFENSTER SYSTEMS (INDIA) PVT LTD
NO.564, 2ND FLOOR
6TH MAIN, 3RD BLOCK
3RD STAGE, BASAVESHWARANAGAR
BENGALURU-560079.                         ... RESPONDENT

(BY SRI NAGARAJ DAMODAR, ADVOCATE FOR
 RAO AND RAO ASSOCIATES, ADVOCATES)

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF THE CODE OF
CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE
                              2


JUDGMENT DATED 14.12.2015 PASSED BY LEARNED XXI ACMM,
BENGALURU IN C.C.NO.21683/2011 AND TO SET ASIDE THE
JUDGMENT DATED 31.01.2019 PASSED BY LEARNED LXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT
BENGALURU IN CRL.A.NO.4/2016 AND TO ACQUIT THE
PETITIONER IN THE ABOVE CASE.

     THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THROUGH VIDEO CONFERENCING THIS DAY, THE
COURT MADE THE FOLLOWING:


                          ORDER

This petition is filed by the petitioner-accused Nos.1

and 2 under Section 397 read with 401 of Cr.P.C for

setting aside judgment of conviction and sentence passed

by learned XXI ACMM, Bengaluru in C.C.No.21683/2011

dated 14.12.2015 and to set aside the judgment dated

31.01.2019 passed by learned LXV Additional City Civil and

Sessions Judge, at Bengaluru in CRL.A.No.4/2016 and to

acquit the petitioner.

2. Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent-State

3. During the pendency of this petition

I.A.No.1/2021 was filed by the parties and filed joint

compromise memo for having settled the dispute. As per

terms of compromise, the petitioners shall pay Rs.3.00

lakhs within a week from the date of this order and

remaining Rs.12.00 lakhs on or before 15.3.2022. The

parties appeared through video conference and they were

identified by their respective counsel.

In view of the settlement the I.A.1/2021 is allowed

and consequently the petition is allowed.

The judgment of conviction and sentence passed by

the Trial Court in CC.No.21683/2011 dated 14.12.2015 is

set aside and the petitioner is acquitted for offence under

section 138 of Negotiable Instruments Act and the bail

bond of the accused persons stands cancelled.

Sd/-

JUDGE

AKV