Karnataka High Court
M/S New Honeywell Engineering Services ... vs M/S Unisun Technologies Private Ltd on 21 November, 2023
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NC: 2023:KHC-D:13591
CRL.RP No. 100110 of 2021
C/W CRL.RP No. 100111 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL REVISION PETITION NO. 100110 OF 2021
C/W
CRIMINAL REVISION PETITION NO. 100111 OF 2021
IN CRL.RP NO.100110/2021:
BETWEEN:
1. M/S. NEW HONEYWELL ENGINEERING SERVICES
PVT LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT D NO. 103,
"ASHIRWAD",
1ST FLOOR, KSSIDC INDUSTRIAL ESTATE,
RAJAJINAGAR, BANGALORE 560004,
REP BY ITS MANAGING DIRECTOR,
MR SUCHINDRA N DIXIT,
AGED ABOUT 42 YEARS.
Digitally
signed by
VN
VN
BADIGER 2. MR. SUCHINDRA N. DIKSHIT
BADIGER Date:
2023.11.27
14:48:44
MANAGING DIRECTOR,
+0530
NEW HONEYWELL ENGINEERING SERVICES PVT LTD.,
#33, 7TH CROSS SWIMMING POOL EXTENSION,
MALLESHWARAM, BANGALORE-03,
AGED ABOUT 42 YEARS.
3. MR. SURESH KURTKOTI
DIRECTOR,
NEW HONEYWELL ENGINEERING SERVICE PVT LTD.,
NO.687, 1ST E-CROSS,
3RD STAGE, 4TH BLOCK,
BASAVESHWAR NAGAR,
BANGALORE-79.
AGED ABOUT 50 YEARS.
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CRL.RP No. 100110 of 2021
C/W CRL.RP No. 100111 of 2021
4. MR. RADHA DIKSHIT
DIRECTOR,
NEW HONEYWELL ENGINEERING SERVICES PVT LTD.,
#33, 7TH CROSS SWIMMING POOL EXTENSION,
MALLESHWARAM, BANGALORE-03,
AGED ABOUT 50 YEARS.
...PETITIONERS
(BY SRI. PRAVEEN P.TARIKAR, ADVOCATE)
AND:
M/S. UNISUN TECHNOLOGIES PRIVATE LTD.,
A COMPANY REGISTERED UNDER COMPANIES ACT,
WITH ITS MANUFACTURING UNIT AT SHED NO.D-61,
3RD CROSS, KSSIDC, ANGOL,
UDYAMBAG, BELAGAVI-08,
REP. BY ITS DIRECTOR AND AUTHORISED PERSON,
MR SHIVANAND NASHI
AGED ABOUT 47 YEARS,
BELAGAVI-08.
...RESPONDENT
(BY SRI. PRASHANT F.GOUDAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN
C.C.NO.105/2018 ON THE FILE OF JMFC VI, BELAGAVI AT
BELAGAVI AND SET ASIDE THE CONVICTION ORDER DATED
30/01/2021 IN CRIMINAL APPEAL NO.128/2020 PASSED BY THE
6TH ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI
DISMISSING THE CRIMINAL APPEAL FILED BY THE PETITIONER
COMPANY AND CONFIRMED THE ORDER PASSED BY THE JMFC-VI,
BELAGAVI IN CC NO.105/2018 DATED 10/02/2020 CONVICTING
THE PETITIONER NOS.2 TO 4 FOR OFFENCE PUNISHABLE UNDER
SECTION 138 OF NEGOTIABLE INSTRUMENT ACT IMPOSING WITH
FINE OF RS.12,24,000/- IN DEFAULT OF PAYMENT OF FINE THE
PETITIONER NOS.2 TO 4 SHALL UNDERGO SIMPLE
IMPRISONMENT FOR A PERIOD OF 1 YEAR 5 MONTHS UNDER
SECTION 255(2) CR.P.C. AND FURTHER UNDER SECTION
357(1)(b) OF CR.P.C. DIRECT TO PAY 12,20,000/- AS
COMPENSATION TO COMPLAINANT AND REMAINING FINE
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CRL.RP No. 100110 of 2021
C/W CRL.RP No. 100111 of 2021
AMOUNT OF RS.4,000/- TO STATE. FURTHER MADE IT CLEAR THE
IN VIEW OF PROVISION OF SEC.421(1) OF CR.P.C AND ETC.,
IN CRL.RP NO.100111/2021:
BETWEEN:
1. M/S. NEW HONEYWELL ENGINEERING SERVICES
PVT LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT D NO. 103,
"ASHIRWAD",
1ST FLOOR, KSSIDC INDUSTRIAL ESTATE,
RAJAJINAGAR, BANGALORE 560004,
REP BY ITS MANAGING DIRECTOR,
MR SUCHINDRA N DIXIT,
AGED ABOUT 42 YEARS.
2. MR. SUCHINDRA N. DIKSHIT
MANAGING DIRECTOR,
NEW HONEYWELL ENGINEERING SERVICES PVT LTD.,
#33, 7TH CROSS SWIMMING POOL EXTENSION,
MALLESHWARAM, BANGALORE-03,
AGED ABOUT 42 YEARS.
3. MR. SURESH KURTKOTI
DIRECTOR, NEW HONEYWELL ENGINEERING SERVICE
PVT LTD., NO.687, 1ST E-CROSS,
3RD STAGE, 4TH BLOCK,
BASAVESHWAR NAGAR,
BANGALORE-79.
AGED ABOUT 50 YEARS.
4. MR. RADHA DIKSHIT
DIRECTOR, NEW HONEYWELL ENGINEERING SERVICES
PVT LTD., #33, 7TH CROSS SWIMMING POOL
EXTENSION, MALLESHWARAM,
BANGALORE-03,
AGED ABOUT 50 YEARS.
...PETITIONERS
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NC: 2023:KHC-D:13591
CRL.RP No. 100110 of 2021
C/W CRL.RP No. 100111 of 2021
(BY SRI. PRAVEEN P.TARIKAR, ADVOCATE)
AND:
M/S. UNISUN TECHNOLOGIES PRIVATE LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT,
WITH ITS MANUFACTURING UNIT
AT SHED NO.D-61,
3RD CROSS, KSSIDC, ANGOL, UDYAMBAG,
BELAGAVI-08,
REP. BY ITS DIRECTOR AND AUTHORISED PERSON,
MR SHIVANAND NASHI
AGED ABOUT 47 YEARS,
BELAGAVI-08.
...RESPONDENT
(BY SRI. PRASHANT F.GOUDAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN
C.C.NO.368/2018 ON THE FILE OF JMFC VI BELAGAVI AT
BELAGAVI AND TO SET ASIDE THE CONVICTION ORDER DATED
30.01.2021 IN CRL.A.NO.129/2020 PASSED BY THE VI-ADDL.
DIST. AND SESSIONS JUDGE, BELAGAVI DISMISSING THE
CRIMINAL APPEAL FILED BY THE PETITIONER COMPANY AND
CONFIRMED THE ORDER PASSED BY THE JMFC VI-COURT,
BELAGAVI IN C.C.NO.368/2018 DATED 10.02.2020 CONVICTING
THE PETITIONER NOS. 2 TO 4 FOR OFFENCES P/U/S 138 OF
NEGOTIABLE INSTRUMENT ACT, IMPOSING WITH FINE OF
RS.11,06,000/- IN DEFAULT OF PAYMENT OF FINE THE
PETITIONER NOS.2 TO 4 SHALL UNDERGO SIMPLE
IMPRISONMENT FOR PERIOD OF 1 YEAR 5 MONTHS UNDER
SECTION 255(2) OF CR.P.C. AND FURTHER UNDER SEC.
357(1)(b) OF CR.P.C. DIRECT TO PAY RS.11,02,000/- AS
COMPENSATION TO COMPLAINANT AND REMAINING FINE
AMOUNT OF RS.4,000/- TO STATE AND ETC.,
THESE REVISION PETITIONS, COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.RP No. 100110 of 2021
C/W CRL.RP No. 100111 of 2021
ORDER
1. Heard Shri Praveen P.Tarikar, learned counsel for
the common petitioners and Shri Prashant F. Goudar, learned
counsel for the common respondent, in both the revision
petitions.
2. Both learned counsels submit that the parties have
settled the dispute amicably and filed compromise memos of
even date in both the petitions under Section 320 of the Code
of Criminal Procedure (for short "Cr.P.C.") r/w Section 147 of
Negotiable Instruments Act, 1881 (for short "N.I. Act") along
with affidavits of both parties. The compromise Memos and the
affidavits are taken on record.
3. The common petitioner No.2 and the common
respondent are present and are identified by their respective
counsels. Both the Compromise Memos and the Affidavits are
duly signed by the common petitioner No.2, the common
respondent and their respective counsels. The common
averments made in para Nos.3 and 4 of the said Compromise
Memos read thus:
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3. The Petitioner submits that the Petitioner on
10-08-2023 filed an memo for under taking
seeking leave of this Hon'ble Court to deposit
the amount as per the under taking. The
Petitioner's failed to pay the amount as per
the undertaking dated 10-08-2023. This
Hon'ble Court was pleased to issued the
warrant to the Petitioners on 31-10-2023 for
not complying the undertaking taken as per
memo dated 10-08-2023. The said warrant
was recalled by this Hon'ble Court on 08-11-
2023. The Petitioner on 08-11-2023 paid
Rs.6,00,000/- through Demand Draft
No.799891 dated 04-11-2023 drawn in
favour of M/s Unisun Technologies Pvt Ltd.
(i.e. Respondent) drawn on State Bank of
India, Bangalore Branch.
4. The Petitioners on 20-11-2023 paid
Rs.2,23,000/- through Demand Draft No.
799923 dated 18-11-2023 drawn in favour of
M/s Unisun Technologies Pvt Ltd. (i.e.
Respondent) drawn on State Bank of India,
Bangalore Branch.
[sic]
4. In terms of the averments stated above, the parties
have settled the matter amicably and sought to dispose of the
matters as per the terms and conditions stated above. Their
NC: 2023:KHC-D:13591
submission is placed on record. On reading of the averments of
the said Compromise Memos, there is no embargo to this Court
to record the compromise, since the alleged offence is
compoundable in nature.
5. Accordingly, I proceed to pass the following:-
ORDER
(i) Both the Criminal Revision Petitions stand
disposed of in terms of the compromise.
(ii) In Crl.R.P.No.100110/2021, the judgment and
order dated 10.02.2020 in C.C.No.105/2018
passed by the learned JMFC VI, Belagavi and the
judgment and order dated 30.01.2021 in
Criminal Appeal No.128/2020 passed by the VI
Additional District and Sessions Judge, Belagavi,
are set aside.
(iii) In Crl.R.P.No.100111/2021, the judgment and
order dated 10.02.2020 in C.C.No.368/2018
passed by the learned JMFC VI, Belagavi and the
judgment and order dated 30.01.2021 in
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Criminal Appeal No.129/2020 passed by the VI
Additional District and Sessions Judge, Belagavi,
are set aside.
(iv) The petitioners are acquitted for the offence
punishable under Section 138 of N.I. Act.
(v) The Trial Court is directed to release the amount,
which is deposited by the petitioners / accused,
if any, in favour of the respondent /
complainant, on proper identification.
(vi) Bail bond executed, if any, stands cancelled.
Sd/-
JUDGE
Bss, RKM
