Karnataka High Court
M/S. Jda Projects vs M/S. Jamandas Moorajee Finance ... on 11 January, 2023
Bench: R. Nataraj
-1-
CRL.RP No. 625 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL REVISION PETITION NO. 625 OF 2021
BETWEEN:
1. M/S. JDA PROJECTS
A REGISTERED PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO.58,
CH/44/3A, 1ST FLOOR,
CHAMARAJA DOUBLE ROAD,
LAKSHMIPURAM,
MYSURU-570 004,
REPRESENTED BY ITS
MANAGING PARTNER,
SRI. JESUDAS RATHNAM.
2. SHRI. JESUDAS RATHNAM
MANAGING PARTNER
M/S. JDA PROJECTS
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS OFFICE AT
NO.58, CH/44/3A, 1ST FLOOR,
CHAMARAJA DOUBLE ROAD,
LAKSHMIPURAM,
MYSURU-570 004.
Digitally
signed by
SUMA ...PETITIONERS
Location:
HIGH COURT (BY SRI. RAJASHEKAR S., ADVOCATE)
OF
KARNATAKA
AND:
M/S. JAMANDAS MOORAJEE FINANCE PVT. LTD.,
A PRIVATE LIMITED COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT, 1956,
HAVING ITS CORPORATE OFFICE AT
NO.300, 3RD FLOOR,
GOLDEN TOWERS,
-2-
CRL.RP No. 625 of 2021
RESIDENCE ROAD,
BENGALURU-560 025.
...RESPONDENT
(BY SRI. NAVEEN GUDIKOTE S., ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973
PRAYING TO SET ASIDE THE ORDER DATED 22.02.2021 PASSED IN
CRL.A.NO.25144/2020 ON THE FILE OF THE IV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BANGLAORE (CCH-
75) DISMISSING THE CRIMINAL APPEAL FILED BY THE REVISION
PETITIONERS AND CONFIRMING THE JUDGMENT OF CONVICTION
AND ORDER OF SENTENCE DATED 13.03.2020 PASSED IN
C.C.NO.15467/2018 ON THE FILE OF THE XVII ADDITIONAL JUDGE
COURT OF SMALL CAUSES AND ACMM, MAYO HALL UNIT,
BANGALORE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners have challenged the judgment of
conviction dated 13.03.2020 passed by the XVII Addl. Judge,
Court of Small Causes and Addl. Chief Metropolitan Magistrate,
Mayo Hall Unit, Bengaluru (SCCH - 21) in C.C.No.15467/2018
for the offence punishable under Section 138 of the Negotiable
Instruments Act, 1881 and consequent sentence to pay a fine
of Rs.10,50,67,315/- and in default, the accused
CRL.RP No. 625 of 2021
No.2/petitioner No.2 herein to undergo simple imprisonment for
a period of one year. The petitioners have also called in
question the judgment dated 22.02.2021 passed by the IV
Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru
(CCH - 75) in Crl.A.No.25144/2020, by which the judgment of
conviction passed by the Trial Court was upheld.
2. When this revision petition was listed for admission,
the parties have filed a joint memo stating therein that the
parties have settled the dispute in terms of which, the
petitioners have agreed to pay a sum of Rs.13,50,00,000/-.
Out of which, the petitioners have paid a sum of
Rs.2,75,00,000/- by way of Demand Draft. For the remaining
sum of Rs.10,75,00,000/-, the petitioners have passed on three
post-dated cheques for a sum of Rs.2,75,00,000/- each and
one post-dated cheque for a sum of Rs.2,50,00,000/-. The
respondent has admitted and acknowledged the settlement.
3. The joint memo is placed on record.
CRL.RP No. 625 of 2021
4. In view of the same, this revision petition is
allowed. Subject to encashment of the cheques mentioned in
the joint memo, the judgment of conviction and order of
sentence dated 13.03.2020 passed by the XVII Addl. Judge,
Court of Small Causes and Addl. Chief Metropolitan Magistrate,
Mayo Hall Unit, Bengaluru (SCCH-21) in C.C.No.15467/2018 as
well as the judgment dated 22.02.2021 passed by the IV Addl.
City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru
(CCH-75) in Crl.A.No.25144/2020 are set aside. Consequently,
the proceedings initiated by the respondent in
C.C.No.15467/2018 are closed.
5. However, liberty is reserved to the respondent to
seek revival of this revision petition in the event of petitioners
failing to honour any of the post-dated cheques mentioned in
the joint memo.
6. The petitioners shall pay graded cost of
Rs.1,00,000/- (Rupees One lakh only) which is payable to the
Karnataka State Legal Services Authority and the same shall be
deposited before this Court within a period of four weeks.
CRL.RP No. 625 of 2021
7. The grade cost as directed by the Hon'ble Apex
Court in the case of Damodar S. Prabhu vs. Sayed Babalal
H [AIR 2010 SC 1907] is dispensed with having regard to the
fact that the parties have reported a settlement in a civil suit
filed between them and also having regard to the fact that the
amount involved is a huge sum of Rs.13,50,00,000/- and
awarding graded cost at the rate of 15% would be onerous.
Sd/-
JUDGE
PMR
