Techcno Fabs vs Mr. Bunty K. Mehta
2023 Latest Caselaw 2937 Kant

                                              -1-
                                                      NC: 2023:KHC:19228
                                                      CRL.RP No. 713 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 06TH DAY OF JUNE, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE S RACHAIAH

                         CRIMINAL REVISION PETITION NO.713 OF 2023


                   BETWEEN:

Digitally signed   1.    TECHCNO FABS
by SUSHMA                NO.B, 374,
LAKSHMI B S
Location:                9TH CROSS
HIGH COURT               1ST STAGE
OF
KARNATAKA                PEENYA INDUSTRIAL ESTATE
                         BANGALORE - 560 058.
                         REP. BY ITS PROPRIETOR
                         K. S. UMESHBABU

                   2.    SRI. K. S. UMESH BABU
                         S/O SRINIVASA RAO
                         AGED ABOUT 48 YEARS
                         PROPRIETOR OF TECHCNO FABS
                         NO.B, 374
                         9TH CROSS
                         1ST STAGE PEENYA
                         INDUSTRIAL ESTATE
                         BANGALORE - 560 058.

                                                              ...PETITIONERS
                   (BY SRI. PUTTAMALLA, ADVOCATE)
                            -2-
                                     NC: 2023:KHC:19228
                                     CRL.RP No. 713 of 2023




AND:

MR. BUNTY K. MEHTA
S/O KIRIT M. MEHTA
AGED ABOUT 38 YEARS,
PROPRIETOR OF P.S. ENTERPRISES
SURVEY NO.58
ANDHRAHALLI MAIN ROAD
YESHWANTHPUR HOBLI
BANGALORE - 560 091.
R/AT MANTRI GREENS
17TH FLOOR, D RING
P.H. 17015
MALLESHWARAM
BANGALORE - 560 003.
                                             ...RESPONDENT


       THIS CRL.RP IS FILED UNDER SECTION 397 CR.P.C.,

PRAYING TO SET ASIDE THE JUDGMENT DATED 27.10.2021

PASSED IN CRL.A.NO.709/2021 BY THE LEARNED LX ADDL.

CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ALSO

JOINT    MEMO   DATED   08.08.2015    AND   AWARD    DATED

20.01.2018 PASSED IN C.C.NO.10666/2015 PASSED BY THE

LEARNED XXVII A.C.M.M, AT BENGALURU AND ACQUIT THE

PETITIONERS.



       THIS CRIMINAL REVISION PETITION, COMING ON FOR

ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                       NC: 2023:KHC:19228
                                         CRL.RP No. 713 of 2023




                             ORDER

The revision petition is filed by the petitioners being

aggrieved by the judgment dated 27.10.2021 in Criminal

Appeal No.709/2021 passed by the learned LX Additional City

Civil and Sessions Judge at Bengaluru wherein the Appellate

Court has dismissed the appeal as not maintainable.

2. Today the matter is listed for orders. Registry has

raised objection regarding maintainability along with other

objections.

3. The alleged offence is under Section 138 of the

Negotiable Instruments Act (for short "N.I. Act"). The parties

have settled the matter by filing a joint memo before the Lok

Adalat. As per the terms and conditions mentioned in the said

joint memo, the matter was disposed of, against which the

appeal filed before the Appellate Court obviously is not

maintainable. The impugned order passed by the Appellate

Court is relevant and proper. There is no reason to interfere

with the same. Accordingly, the office objection raised by the

Registry regarding maintainability certainly be sustainable.

NC: 2023:KHC:19228 CRL.RP No. 713 of 2023

Therefore, the Criminal Revision Petition stands dismissed

as not maintainable.

In view of the dismissal of the revision petition, all

pending I.As., do not survive for consideration and the same

are also dismissed.

Sd/-

JUDGE

BSS