M/S Sri Lakshmi Timber Traders vs M/S Sri Lakshmi Vijaya Swa Mill
2023 Latest Caselaw 5141 Kant

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                                                      NC: 2023:KHC:26776
                                                       CRL.RP No. 771 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF AUGUST, 2023

                                             BEFORE
                               THE HON'BLE MRS JUSTICE M G UMA
                         CRIMINAL REVISION PETITION NO. 771 OF 2020

                   BETWEEN:
                   1.   M/S SRI. LAKSHMI TIMBER TRADERS
                        NO.67, MAGADI MAIN ROAD,
                        VENKATESHWARA THEATRE COMPOUND,
                        GOLLARAHATTI HOSAHALLI,
                        BENGALURU - 560 091
                        REPRESENTED BY ITS PARTNERS
                        A. SRI. PURUSHOTTAM R PATEL
                        B. SRI. D. PRAKASH

                   2.   SRI. PURUSHOTHAM R PATEL
                        S/O RATHNASHI PATEL
                        AGED ABOUT 48 YEARS
                        PARTNERS
Digitally signed        M/S SRI. LAKSHMI TIMBER TRADERS
by PAVITHRA N           NO.67, MAGADI MAIN ROAD,
Location: High          VENKATESHWARA THEATRE COMPOUND,
Court Of
Karnataka               GOLLARAHATTI, HOSAHALLI,
                        BENGALURU - 560 091

                   3.   SRI. D. PRAKASH
                        S/O DHANDEAPANI,
                        AGED ABOUT 32 YEARS,
                        PARTNERS
                        M/S SRI. LAKSHMI TIMBER TRADERS
                        NO.67, MAGADI MAIN ROAD,
                        VENKATESHWARA THEATRE COMPOUND,
                        GOLLARAHATTI HOSAHALLI,
                        BENGALURU - 560 091

                                                                 ...PETITIONERS

                   (BY SRI: JAYARAJ GOWDA .M.N., ADVOCATE (ABSENT))
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                                           NC: 2023:KHC:26776
                                            CRL.RP No. 771 of 2020




AND:
M/S SRI LAKSHMI VIJAYA SWA MILL,
PROPRIETOR,
SRI. RATHILAL LADHARAM PATEL
S/O L.M. PATEL,
AGED ABOUT 63 YEARS,
HEAD OFFICE: NO.4/10,
HOSUR ROAD, BOMMANAHALLI,
OPP. N.H. PILLAR NO.18,
BANGALURU - 560 068
AND BRANCH OFFICE AT 37/1E/2C,
ANNA NAGARA, 10TH STREET WEST,
TUTICORIN - 628 008.
                                                             ...RESPONDENT
     THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401    CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT OF CONVICTION ORDER DATED 27.03.2018 PASSED BY
THE HONBLE COURT XIII A.C.M.M., AT BENGALURU IN
C.C.NO.16325/2016 AND ITS CONFIRMATION ORDER OF IMPUGNED
JUDGMENT AND ORDER DATED 07.07.2020 IN CRL.A.NO.751/2018
PASSED BY THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE AT BENGALURU.
     THIS CRL.RP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
                               ORDER

Learned counsel for the petitioners is absent. No

representation.

2. The order sheet dated 31.07.2023 reads as under;

"Learned counsel for the petitioners is absent. No representation.

The order passed by this Court dated 12.06.2023 reads as under.

"Case called twice.

None present on behalf of petitioners. Re-list this matter next week, finally."

NC: 2023:KHC:26776 CRL.RP No. 771 of 2020

In spite of that, there is no representation.

As a last chance, list this matter on 01.08.2023."

Inspite of that, there is no representation.

3. Perused the grounds made out in the revision

petition, in light of the findings recorded by the trial Court in

C.C.No.16325/2016, convicting accused Nos.1 and 3 for the

offence punishable under Section 138 of Negotiable

Instruments Act ('N.I. Act' for short) and sentencing accused

Nos.2 and 3 to pay fine of Rs.32,27,016/-, which was

confirmed in Crl.A.No.751/2018 on the file of the learned LXVI

Additional City Civil & Sessions Judge, Bengaluru, (CCH-67)

('First Appellate Court' for short) vide judgment dated

07.07.2020. Both the Courts have recorded concurrent finding

of fact regarding guilt of the accused.

4. Issuance of cheque as per Ex.P10 by the accused,

its dishonour for want of sufficient funds, issuance of legal

notice as per Ex.P12, service of notice on the accused as per

Exs.P13 to 24 are proved by the complainant. Admittedly,

accused Nos.2 and 3 are the Managing Partners of accused

NC: 2023:KHC:26776 CRL.RP No. 771 of 2020

No.1- Firm and they are responsible for day-to-day affairs of its

functioning. The complainant has produced various invoices as

per Exs.P1 to 9 in support of his contention for issuance of

cheque towards debt, which is legally recoverable. Even

dishonour of cheque-Ex.P1 is admitted by the accused. The

only defence taken by the accused is that there were talks

between the complainant and the accused after dishonour of

the cheque, where the accused agreed to pay Rs.5 lakhs in full

and final settlement. The accused have not led any evidence in

support of such defence and even in cross-examination,

nothing has been elicited from the complaint. Thus, the

defence taken by the accused is not probabilised. Under such

circumstances, the accused are liable for conviction.

5. The trial Court and the First Appellate Court, on

considering the materials on record, came to the conclusion

that the complainant has proved the guilt of the accused

beyond reasonable doubt and the accused have not

probabilised their defence and therefore, are liable to be

convicted under Section 138 of the NI Act.

NC: 2023:KHC:26776 CRL.RP No. 771 of 2020

6. I do not find any reason to interfere with the finding

of the trial Court, which was confirmed by the First Appellate

Court. Therefore, the revision petition preferred by the

petitioners is liable to be dismissed.

7. Hence, I proceed to pass the following;

ORDER

The revision petition is dismissed.

Sd/-

JUDGE

PN