Karnataka High Court
Paper Sales Inc vs M/S Shri Balaji Trading Company on 15 March, 2023
Bench: S Vishwajith Shetty
1
CRL.RP No. 400 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.R.P. NO. 400 OF 2019
BETWEEN:
PAPER SALES INC
NO.119/1, MARUTHI MANSION
1 FLOOR, SULTHANPET
BANGALORE - 560 052
REP BY ITS PROPRIETOR
SRI.RAGHAVA BHANDARI.
...PETITIONER
(BY SRI AVINASH B.C, ADV.)
AND:
M/S SHRI BALAJI TRADING COMPANY
NO.132, I FLOOR
Digitally signed
by B A KRISHNA SULTANPET MAIN ROAD
KUMAR BANGALORE - 560 053
Location: High
Court of REP BY ITS PROPRIETOR
Karnataka
SRI PUNITH BAJAJ.
...RESPONDENT
(BY SRI NOOR MOHAMMED, ADV.)
THIS CRL.R.P. IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
SET ASIDE THE ORDER OF CONVICTION AND SENTENCE PASSED IN
C.C.NO.7353/2013 DATED 28.03.2016 BY THE HON'BLE XXV
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND
ALSO SET ASIDE THE CONFIRMATION ORDER PASSED DATED
28.02.2019 IN CRL.A.NO.518/2016 BY THE HON'BLE LXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND
CONSEQUENTLY ALLOW THIS CRIMINAL REVISION PETITION BY
DULY ACQUITTING THE PETITIONER.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
2
CRL.RP No. 400 of 2019
ORDER
This Criminal Revision Petition under Section 397 of Code
of Criminal Procedure, 1973 (for short 'Cr.P.C') has been filed
challenging the judgment and order of conviction and sentence
passed by the Court of XXV Additional Chief Metropolitan
Magistrate, Bengaluru (for short the 'Trial Court) in
C.C.No.7353/2013 dated 28.03.2016 and the judgment and
order passed by the LXV Additional City Civil and Sessions
Judge, Bengaluru (for short the 'Appellate Court') in
Crl.A.No.518/2016 dated 28.02.2019.
2. Learned counsel appearing for the parties jointly
submit that the dispute between the parties has been amicably
settled during the pendency of this revision petition and a joint
memo has been filed which has been signed by the parties and
their respective advocates. The said memo dated 28.10.2021
which was filed before this Court on 14.02.2023 is taken on
record. The terms of joint memo reads as follows:
"JOINT MEMO
The petitioner and respondent in the above case
at intervention of well-wishers have amicably settled
the dispute between them and accordingly the terms of
CRL.RP No. 400 of 2019
the settlement is reduced into writing through a Joint
Memo, which is as under:
1. Both the parties agree that the Petitioner shall pay
Rs.70,00,000/- (Rupees Seventy Lakhs Only) to the
Respondent towards FULL & FINAL SETTLEMENT
between the parties. The Respondent shall not seek
any additional amount apart from Rs.70,00,000/-
(Rupees Seventy Lakhs Only) from the petitioner
and shall not have any further claim against the
petitioner.
2. The Petitioner has paid Rs.5,00,000/- (Rupees Five
Lakhs Only) through RTGS to the Respondent on
05/10/2021 and shall pay balance amount of
Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) to
the Respondent in the following manner;
a. Rs.20,00,000/- (Rupees Twenty Lakhs Only)
through Cheque bearing No.018437 dated
25/10/2021 drawn on Axis Bank Limited,
Tavarekere Branch, Bangalore.
b. Rs.10,00,000/- (Rupees Ten Lakhs Only)
through Cheque bearing No.018438 dated
15/12/2021 drawn on Axis Bank Limited,
Tavarekere Branch, Bangalore.
c. Rs.10,00,000/- (Rupees Ten Lakhs Only)
through Cheque bearing No.018439 dated
28/12/2021 drawn on Axis Bank Limited,
Tavarekere Branch, Bangalore.
CRL.RP No. 400 of 2019
d. Rs.10,00,000/- (Rupees Ten Lakhs Only)
through Cheque bearing No.018440 dated
18/01/2022 drawn on Axis Bank Limited,
Tavarekere Branch, Bangalore.
e. Rs.10,00,000/- (Rupees Ten Lakhs Only) through
Cheque bearing No.018441 dated 27/01/2021
drawn on Axis Bank Limited, Tavarekere Branch,
Bangalore.
f. Rs.5,00,000/- (Rupees Five Lakhs Only) through
Cheque bearing No.018437 dated 25/10/2021
drawn on Axis Bank Limited, Tavarekere Branch,
Bangalore.
3. The Respondent admits the receipt of the aforesaid
Cheques from the Petitioner. It is further agreed
between the parties that the petitioner has no
objection for the respondent to withdraw
Rs.5,00,000/- (Rupees Five Lakhs Only) deposited
in Criminal Appeal No.518/2016 and Rs.13,62,000/-
(Rupees Thirteen Lakhs Sixty Two Thousand Only)
in the above petition before this Hon'ble Court, i.e.,
in all Rs.18,62,000/- (Rupees Eighteen Lakhs Sixty
Two Thousand Only) and on withdrawing the
aforesaid amount and the petitioner further paying
Rs.1,38,000/- (Rupees One Lakhs Thirty Eight
Thousand Only) to the respondent, the respondent
shall return the Cheque for Rs.20,00,000/- (Rupees
Twenty Lakhs Only) Cheque bearing No.018437
dated 25/10/2021 drawn on Axix Bank Limted,
Tavarekere Branch, Bangalore to the petitioner
CRL.RP No. 400 of 2019
forthwith and shall not present the same for
honouring.
4. The Respondent submits that if the petitioner pays
the entire amount of Rs.70,00,000/- (Rupees
Seventy Lakhs Only) to the respondent as agreed
above, the respondent shall not claim any further
amount from the petitioner and shall also not
execute the Judgment and Decree passed in
O.S.No.10495/2015 by the Hon'ble City Civil Court,
Bangalore and all disputes between the parties
stands closed.
5. The Petitioner undertakes and admits that the
aforesaid Cheques from Serial No.(b) to (f) shall be
duly honoured on the due dates on its presentation
and if the petitioner fails to do payment as indicated
above or cheque is dishonoured above agreed
settlement shall automatically stand cancelled and
the Respondent is at liberty to execute the entire
Judgment and Decree passed in
O.S.NO.10495/2015 by the Hon'ble City Civil Court,
Bangalore and order passed in C.C.No.7353/2013
by Hon'ble XXV Additional Chief Metropolitan
Magistrate at Bangalore also the Execution Petition
No.624/2020 seeking for execution of the Judgment
and Decree of the Hon'ble Trial Court."
3. The petitioner has today handed over a Demand
Draft for a sum of Rs.1,38,000/- in terms of his undertaking
mentioned in paragraph no.3 of the joint memo and receipt of
CRL.RP No. 400 of 2019
the same is acknowledged by the learned counsel for the
respondent and he submits that cheque bearing no.018437
dated 25.10.2021 drawn for Rs.20 lakhs shall be returned to
the petitioner forthwith.
4. Having regard to the settlement arrived between
the parties and since the respondent has agreed to receive a
sum of Rs.70 lakhs from the petitioner towards full and final
settlement of the dispute between the parties. This revision
petition is disposed of in terms of the joint memo.
Sd/-
JUDGE
NMS
