M/S Accurate Care vs M/S. Brilyant Disributors Pvt Ltd
2023 Latest Caselaw 6350 Kant

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                                                      NC: 2023:KHC:32345
                                                 CRL.RP No. 1434 of 2019




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 7TH DAY OF SEPTEMBER, 2023

                                        BEFORE
                   THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                   CRIMINAL REVISION PETITION NO. 1434 OF 2019
                BETWEEN:

                M/S. ACCURATE CARE,
                NO.514-A, 2ND FLOOR, STAGE-1,
                INDIRANAGAR, CMH ROAD,
                BENGALURU-560 038,
                REPTD. BY ITS PROPRIETOR
                MR. MAHENDRA.
                                                            ...PETITIONER
                (BY SRI. VENKATARAVANAPPA .G.N, ADVOCATE)
                AND:

                M/S. BRILYANT DISRIBUTORS PVT. LTD.,
                A COMPANY INCORPORATED UNDER THE
                PROVISIONS OF THE COMPANIES ACT, 1956,
                HAVING ITS OFFICE AT 2ND FLOOR,
                BUILDING NO.8, SRIKAR ARACADE,
                SITE NO.39/3, OUTER RING ROAD,
                DODDANEKKUNDI, MARTHAHALLI POST,
Digitally       BANGALORE-560037,
signed by       REPTD. BY ITS AUTHORIZED SIGNATORY/ CEO,
RENUKAMBA       MR. VENKATESH .K.R,
KG              S/O A. RAMASWAMY,
Location:       AGED ABOUT 38 YEARS.
High Court of                                              ...RESPONDENT
Karnataka       (BY SRI. SURESH .D DESHPANDE, ADVOCATE)
                     THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
                PRAYING TO
                     (a) SET ASIDE THE JUDGMENT CONVICTION AND
                SENTENCE PASSED BY THE LVIII ADDITIONAL CHIEF
                METROPOLITAN    MAGISTRATE BENGALURU   PASSED  IN
                C.C.NO.53914/2016 DATED 03.11.2018 CONVICTING THE
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                                     NC: 2023:KHC:32345
                                CRL.RP No. 1434 of 2019




APPELLANT FOR AN OFFENCE P/U/S.138 OF NI ACT AND
SENTENCING HIM TO PAY A FINE OF RS.42,55,000/- AND IN
DEFAULT TO UNDERGO S.I. THREE MONTHS.
     (b) SET ASIDE THE JUDGMENT PASSED BY THE XXVI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
IN CRL.A.NO.25227/2018 DATED 25.09.2019 CONFIRMING
THE TRIAL COURT JUDGMENT BY ALLOWING THE ABOVE
REVISION PETITION.
     (c) REMAND THE CASE FOR RETRIAL WITH A DIRECTION
TO THE TRIAL COURT TO GIVE SUFFICIENT OPPORTUNITY TO
THE PETITIONER TO CROSS-EXAMINE THE PW-1 ADDUCE
DEFENCE EVIDENCE, ADDRESS ARGUMENT ETC.,

    THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
                        ORDER

The learned counsel for the revision petitioner

filed a memo for withdrawal of the petition on the

ground of settlement.

2. The memo is placed on record.

3. In view of the settlement, petition is

dismissed as withdrawn.

Sd/-

JUDGE

SS