Karnataka High Court
Anil Dattabhau Lingade vs M/S Janki Corp Ltd on 14 June, 2023
Bench: S Rachaiah
-1-
NC: 2023:KHC:20451
CRL.RP No. 1303 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 1303 OF 2022
BETWEEN:
1. ANIL DATTABHAU LINGADE
AGED ABOUT 42 YEARS
S/O DATTABHAU LINGADE
2. MR SUNIL DATTATRAY LINGADE
AGED ABOUT 36 YEARS
S/O DATTABHAU LINGADE
BOTH ARERESIDING AT
YADAVANAGAR
SRPF ROAD, NEW JALNA
MAHRASTRA-431203.
...PETITIONERS
(BY SRI. SRINIVASA D.C., ADVOCATE)
Digitally
signed by N AND:
UMA
Location:
HIGH COURT 1. M/S JANKI CORP LTD
OF A REGISTERED COMPANY
KARNATAKA
CORPORATE OFFICE AT NO.765
SECOND FLOOR
100 FEET ROAD
INDIRA NAGAR
BENGALURU-38
REP BY ITS MANAGING DIRECTOR.
2. M/S BHADRAMARUTI CONCAST (P) LTD
A REGISTERED COMPANY
HAVING ITS REGISTERED OFFICE AT
-2-
NC: 2023:KHC:20451
CRL.RP No. 1303 of 2022
PLOT NO.E-12 PHASE-II
ADDITIONAL MIDC
JALNA 431203
MAHARASHTRA
REP BY ITS OFFICIAL LIQUIDATOR.
...RESPONDENTS
(BY SRI. MUJTABA H.,ADVOCATE)
THIS CRL.RP IS FILED U/S.397 & 401 CR.P.C PRAYING
TO SET ASIDE THE IMPUGNED JUDGMENT PASSED IN
CRL.A.NO.25002/2022 DATED 14.09.2022 DISPOSED ON THE
FILE OF LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU AND CONSEQUENTLY SET ASIDE THE JUDGEMENT
PASSED IN CC NO 55734/2016 DATED 08.12.2021 ON THE
FILE OF XXXIV ADDL. CMM BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The learned counsels for the respective parties have filed
an application [IA No.1/2023] under Section 147 of the
Negotiable Instruments Act, 1881 stating that the parties have
settled the matter.
2. Perused the averments made in the said application
at paragraphs 2(a), (b), (c) (d) and (e). The same read as
under:
"2. The petitioners and the respondent 1 are
known to each other from quite long time. Under this
circumstance at the intervention of the relatives,
NC: 2023:KHC:20451
CRL.RP No. 1303 of 2022
elders, friends and well-wishers of the parties, the
petitioners and the respondent 1 with their free will
and consent with an intention to put an end to the
above litigation agreed to settle the above case
amicably under the following terms and conditions:
a. The respondent 1 has agreed to
receive the cheque a sum of
Rs.44,29,492/- (Rupees Forty Four Lakh
Twenty Nine Thousand Four Hundred and
Ninety Two Only) from the petitioners
towards the full and final settlement of the
above case and the respondent 1 accepts
that he has no other claim or liability
against the petitioners or against their
company M/s. Bhadramariti Concast Pvt.
Ltd., in any manner whatsoever.
b. The petitioners have agreed to pay a
sum of Rs.44,29,492/- (Rupees Forty Four
Lakh Twenty Nine Thousand Four Hundred
and Ninety Two Only) to the respondent 1
towards full and final settlement of their
entire liability of them towards the
respondent including the liability of the
accused No.1 company M/s. Bhadramariti
Concast Pvt. Ltd., and the petitioners or
M/s. Bhadramariti Concast Pvt. Ltd., is not
liable to pay anything to the respondent 1
except this amount.
c. The petitioners today paid a sum of
Rs.44,29,492/- (Rupees Forty-Four Lakh
Twenty-Nine Thousand Four Hundred and
Ninety- Two Only) through RTGS/NEFT to
the respondent's account
No.002281400007326 (YES BANK
LIMITED) towards the full and final
NC: 2023:KHC:20451
CRL.RP No. 1303 of 2022
settlement of the above case. Details of
payment is as under:
Date of Value Date Transaction Reference No. Amount
Transaction Description
21-04-2023 21-04-2023 Sunil S001231110015303 Rs.22,29,492/
Dattabahu
Lingade
21-04-2023 21-04-2023 Anil S001231110015429 Rs.22,00,000/
Dattabahu
Lingade
Total Rs.44,29,492/
d. The respondent 1 has acknowledged
the receipt of the said amount in the afore
said manner. Thus, the accused/petitioners
had discharged entire liability towards the
complainant and there is no other claim or
liability whatsoever in any manner between
the parties.
e. The respondent 1 has admitted that
the accused No.1 company i.e.,
M/s.Bhadramariti Concast Pvt. Ltd., is
under liquidation and it has got no
existence at present as such, entire liability
of the accused No.1 company i.e., M/s.
Bhadramariti Concast Pvt. Ltd., is
discharged herewith by the petitioners
under this compromise petition. As such
the respondent 1 wish to withdraw the
complaint against the accused No.1 also."
In terms of the averments made in the said application, it
is appropriate for this Court to allow the application.
Accordingly, the application [IA No.1/2023] filed by the learned
NC: 2023:KHC:20451
CRL.RP No. 1303 of 2022
counsels for the respective parties is allowed. Hence, the
following:
ORDER
1. The criminal revision petition stands disposed of in
terms of the settlement.
2. The Judgment of conviction and order of sentence
dated 08.12.2021 passed in CC No.55734/2016 by the
XXXIV Additional Chief Metropolitan Magistrate,
Bengaluru and its confirmation order dated 14.09.2022
in Criminal Appeal No.25002/2022 by the LXXII
Additional City Civil and Sessions Judge, Bengaluru,
are set aside.
3. The petitioner/accused is acquitted for the offences
punishable under Section 138 of the Negotiable
Instructs Act, 1881.
4. Bail bonds executed, if any, stands cancelled
Sd/-
JUDGE
SA
