Karnataka High Court
Dhruthi Infra Projects Ltd vs M/S Sree Maruthi Constructions on 13 July, 2022
Bench: M.Nagaprasanna
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CRL.P No. 4945 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4945 OF 2022
BETWEEN:
DHRUTHI INFRA PROJECTS LTD
NO.120, 'B' EPIP ZONE
WHITE FIELD
BANGALORE-560066.
...PETITIONER
(BY SRI. AJAY J. NANDALIKE, ADVOCATE)
AND:
M/S SREE MARUTHI CONSTRUCTIONS
HAVING ITS OFFICE AT SREE MARUTHI NILAYA
NO.84/2, 1ST MAIN ROAD
THIMMAIAH GARDEN
R. T NAGAR
BANGALORE-560032.
...RESPONDENT
Digitally signed (BY SRI. NAGESH S.,ADVOCATE)
by
PADMAVATHI B
K THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
Location: HIGH A. QUASH AND SET ASIDE THE JUDGMENT DATED 22.11.2018 IN
COURT OF
KARNATAKA C.C.NO.14022/2017 PASSED BY THE LEARNED MAGISTRATE AND
B. QUASH AND SET ASIDE THE JUDGMENT DATED 18.09.2021 IN
CRL.A.NO.2588/2018 PASSED BY THE HONBLE SESSIONS COURT
AND ISSUE ANY OTHER DIRECTIONS AS THIS HONBLE COURT
DEEMS FIT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 4945 of 2022
ORDER
The petition calls in question the judgment dated
22.11.2018 in C.C.No.14022/2017 passed by the XXVII
Additional Chief Metropolitan Magistrate, Bengaluru and the
judgment dated 18.09.2021 in Crl.A.No.2588/2018 passed by
the LXII Additional City Civil and Sessions Judge, Bengaluru.
2. During the pendency of the petition, the parties to
the lis have settled the dispute amongst themselves and have
filed such joint memo reporting settlement. The same reads as
follows:
"JOINT MEMO REPORTING SETTLEMENT
The Petitioner and the Respondent herein jointly
submit as under:
1. The Respondent herein had instituted a
criminal complaint against the Petitioner
herein before the Hon'ble XXVII Additional
Chief Metropolitan Magistrate, Bengaluru in
C.C.No.14022/2017. Vide Judgment dated
22/11/2018, the Petitioner was sentenced to
pay an amount of Rs. 70,00,000/- (Rupees
Seventy Lakhs only) to the Respondent.
2. Against the said Judgment, the Petitioner
herein had filed a Criminal Appeal No.
CRL.P No. 4945 of 2022
2588/2018 before the Hon'ble Sessions
Court. Vide order dated 18/09/2021, the
Sessions Court confirmed the Judgment
passed by the Hon'ble Magistrate Court.
3. It is submitted that whilst filing the Criminal
Appeal No. 2588/2018, the Petitioner had
deposited a sum of Rs.14,00,000/- (Rupees
Fourteen Lakhs Only) before the Hon'ble
Court and the said amount has already been
withdrawn by the Respondent on
21/12/2021.
4. The Petitioner and the Respondent jointly
submit that the parties have reached an
amicable out of court settlement with the
intervention of well-wishers and friends and
the parties have agreed to settle the matter.
5. Pursuant to the said settlement arrived at by
the parties, the Petitioner has agreed to pay
the balance amount of Rs.56,00,000/-
(Rupees Fifty-Six Lakhs Only) to the
Respondent herein and the Respondent has
agreed to receive the same. The parties have
agreed that the Petitioner shall pay the said
amount of Rs. 56,00,000/- in five instalments
viz., first instalment by way of a Demand
CRL.P No. 4945 of 2022
Draft and the remaining four instalments to
be paid by way of post-dated cheques.
6. In view of the settlement arrived at by the
parties, the Petitioner has agreed to pay first
instalment amount of Rs.11,00,000/- (Rupees
Eleven Lakhs Only) through Demand Draft
dated 27/04/2022 bearing DD No. 297253,
which is being handed over by the Petitioner
to the Respondent on 13/07/2022.
7. The parties agree that the Petitioner will pay
the balance amount by way of post-dated
cheques, which are being handed over by the
Petitioner to the Respondent before this
Hon'ble Court, which are to be presented on
the dates mentioned in the respective
cheques, as below:
a) Second Instalment - Post-dated cheque
dated 28 July 2022 bearing No. 342928
for an amount of Rs.9,00,000/- (Rupees
Nine Lakh only);
b) Third Instalment Post-dated cheque dated
29 August 2022 bearing No. 342929 for
an amount of Rs.13,50,000/ (Rupees
Thirteen Lakhs Fifty Thousand only);
CRL.P No. 4945 of 2022
c) Fourth Instalment - Post-dated cheque
dated 29 September 2022 bearing No.
342930 for an amount of Rs.13,50,000/-
(Rupees Thirteen Lakhs Fifty Thousand
only);
d) Fifth Instalment - Post-dated cheque dated
29 October 2022 bearing No. 342931 for
an amount of Rs.9,00,000/- (Rupees Nine
Lakh only).
8. With the aforementioned settlement terms, it
is agreed by the parties that once the total
agreed amount of Rs. 70,00,000/- (Rupees
Seventy Lakhs Only) is paid to the
Respondent by the Petitioner, both parties
will not initiate any legal proceedings against
the other. In the event that the Petitioner
fails to pay the amount of Rs. 45,00,000/
(Rupees Forty-Five Lakhs Only) under the
post-dated cheques, the Respondent shall be
at liberty to initiate appropriate proceedings
against the Petitioner.
WHEREFORE, under the circumstances, it is humbly
prayed that this Hon'ble Court be pleased to take
CRL.P No. 4945 of 2022
this joint memo on record in the interest of justice
and equity."
3. In the light of the settlement arrived at between the
parties and the offence being punishable under Section 138 of
the Negotiable Instruments Act, 1881, I deem it appropriate to
accept the settlement and terminate the proceedings, qua the
petitioner.
4. For the aforesaid reasons, the criminal is disposed.
The judgment dated 22.11.2018 in C.C.No.14022/2017 passed
by the XXVII Additional Chief Metropolitan Magistrate,
Bengaluru and the judgment dated 18.09.2021 in
Crl.A.No.2588/2018 passed by the LXII Additional City Civil and
Sessions Judge, Bengaluru, stand quashed.
Sd/-
JUDGE
KG
