M/S Indira Foods vs M/S All Cargo Logistics Ltd
2023 Latest Caselaw 6662 Kant

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                                                        NC: 2023:KHC:34126
                                                    CRL.RP No. 411 of 2016




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 20TH DAY OF SEPTEMBER, 2023

                                       BEFORE
                   THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                   CRIMINAL REVISION PETITION NO. 411 OF 2016
                BETWEEN:

                M/S. INDIRA FOODS,
                UNIT NO.5, LAKSHMI INDUSTRIAL ESTATE,
                SY.NO.10/1, KANAKANAGAR,
                YELACHENAHALLI,
                KANAKAPURA ROAD,
                BANGALORE-560 078,
                REPRESENTED BY AUTHORIZED SIGNATORY,
                MR.VIJAY C.
                                                             ...PETITIONER
                (BY SMT. SUJA SURENDAR, ADVOCATE FOR
                    SRI. VAMSHI KRISHNA .C AND
                    SRI. ANAND MUTTALLI, ADVOCATES)

                AND:

                M/S. ALL CARGO LOGISTICS LTD,
                NO.402, 3RD FLOOR,
                OXFORM CHAMGERS,
Digitally       RUSTAM BAGH MAIN ROAD,
signed by
                KODIHALLI,
RENUKAMBA
                BANGALORE-560 017.
KG
                                                            ...RESPONDENT
Location:       (BY SRI. ROHITH D.K, ADVOCATE FOR
High Court of       SRI. PRASHANTH M.V, ADVOCATE)
Karnataka
                      THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
                PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND
                SENTENCE INCLUDING THE PAYMENT OF FINE VIDE ORDER
                DATED 21.12.2015 PASSED BY THE LIX ADDL. CITY CIVIL AND
                S.J., BANGALORE CITY IN CRL.A.NO.591/2015 CONFIRMING
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                                               NC: 2023:KHC:34126
                                         CRL.RP No. 411 of 2016




THE ORDER DATED 31.03.2015 PASSED BY THE XXV A.C.M.M.,
BANGALORE IN C.C.NO.14083/2012.

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

The authorized signatory for revision petitioner / accused

Mr.Ravi D. and authorized signatory for respondent /

complainant Mr.Mithun G. Shetty are present. Their respective

counsels are present.

2. The parties have filed a joint compromise petition

under Section 147 of the Negotiable Instruments Act, 1881

reporting the compounding of the offence. It is submitted that

the matter was settled amicably between the parties for a sum

of Rs.4,50,000/- and R.2,00,000/- was paid on 20.09.2023 by

way of a Demand Draft dated 19.09.2023 itself and the balance

as required to be paid on or before 30.11.2023 and a post

dated cheque was also issued towards repayment of the said

installment. Hence, permission was sought for compounding of

the offences.

3. The Both the parties have also filed a joint affidavit

reporting settlement. The contents of the compromise petition

are read over and explained to the parties in presence of their

NC: 2023:KHC:34126 CRL.RP No. 411 of 2016

respective counsels in Kannada language known to them and

they admit the contents are true and correct. The authorization

letters issued by respective firms were also produced. Both the

counsels are present and endorsed the compromise.

4. I am satisfied that the parties have settled their

dispute amicably without any threat or coercion. The

compromise is not against any settled law. In view of the same,

the application filed under Section 147 of the Negotiable

Instruments Act, 1881 needs to be allowed. Accordingly, I

proceed to pass the following:

ORDER

(i) The application filed by both the parties under

Section 147 of the Negotiable Instruments Act,

1881 is allowed. The matter stands compounded.

(ii) The impugned judgment of conviction and order

of sentence passed by learned XXV Additional

Chief Metropolitan Magistrate and JMFC,

Turuvekere in C.C.No.14083/2012 dated

31.03.2015 and confirmed in Crl.A.No.591/2015

by Learned LIX Additional City Civil and Sessions

NC: 2023:KHC:34126 CRL.RP No. 411 of 2016

Judge, Bangalore city vide judgment dated

21.12.2015 are set aside.

(iii) The accused / revision petitioner stands

acquitted of the offence punishable under

Section 138 of Negotiable Instruments Act,

1881.

(iv) In view of the compounding of the offence, the

bail bonds executed by the accused / revision

petitioner stand cancelled.

(v) The compromise petition shall be part of this

order.

Sd/-

JUDGE

SS