M/S Mahadev Agro Tech vs M/S Indostar Capital Finance ...
2023 Latest Caselaw 6177 Kant

                                               -1-
                                                           NC: 2023:KHC:30910
                                                      CRL.A No. 1319 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 30TH DAY OF AUGUST, 2023

                                             BEFORE

                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                                CRIMINAL APPEAL NO. 1319 OF 2023

                      BETWEEN:
                         M/S MAHADEV AGRO TECH,
                         NO 1986, 8TH MAIN, E-BLOCK,
                         2ND D STAGE,
                         NEAR AMBABHAVANI TEMPLE,
                         RAJAJINAGAR, BENGALURU-560 010.
                         REPRESENTED BY ITS PROPRIETOR,
                         M.S. UMA MAHESH.
                                                                 ...APPELLANT
                      (BY SRI. SHRAVAN MADHAV K.P, ADVOCATE)
                      AND:
                         M/S INDOSTAR CAPITAL FINANCE LIMITED.,
                         HAVING ITS REGISTERED OFFICE AND CORPORATE
                         OFFICE AT
Digitally signed by      ONE INDIA BULLS CENTER,
LAKSHMINARAYANA
MURTHY RAJASHRI          20TH FLOOR, TOWER 2A,
Location: HIGH           JUPITER MILLS COMPOUND,
COURT OF
KARNATAKA                SENAPATI BAPAT MARG,
                         MUMBAI-400N013,
                         AND ALSO HAVING ITS BRANCH OFFICE
                         AT NO.13, CRN CHAMBERS,
                         4TH FLOOR, KASTURBA ROAD,
                         BENGALURU-560 001,
                         REPRESENTED BY ITS
                         COLLECTION MANAGER,
                         SRI.RAGHUNANDAN.B.P.
                                                              ...RESPONDENT
                                -2-
                                            NC: 2023:KHC:30910
                                        CRL.A No. 1319 of 2023




     THIS CRL.A IS FILED U/S.374(2) OF CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY XX
ADDITIONAL SMALL CAUSES JUDGE AND ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE AND MACT AT BENGALURU
(SCCH-22) IN C.C.NO.8872/2021 DATED 20.06.2023 AND
ACQUIT THE APPELLANT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

The appellant/accused has been convicted for the offence

punishable under Section 138 of the N.I. Act by the XX

Additional Small Causes Judge and ACMM, Bengaluru. The

appellant is challenging the said judgment of conviction and

order of sentence in this appeal.

The appeal lies to the Sessions Court. Therefore, the

appeal is not maintainable. Hence, the appeal is dismissed as

not maintainable.

Registry is directed to return the documents to learned

counsel for the appellant.

Sd/-

JUDGE

HKV