M/S Precision Cnc Engineering vs Jkn Steel And Alloys
2024 Latest Caselaw 3136 Kant

Karnataka High Court

M/S Precision Cnc Engineering vs Jkn Steel And Alloys on 1 February, 2024

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                                                              NC: 2024:KHC:4402
                                                      CRL.RP No. 1509 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                            BEFORE
                             THE HON'BLE MR JUSTICE S RACHAIAH
                        CRIMINAL REVISION PETITION NO. 1509 OF 2023
                   BETWEEN:

                   1.    M/S. PRECISION CNC ENGINEERING,
                         NO.66/1, 6TH MAIN ROAD,
                         3RD PHASE, PEENYA INDUSTRIAL AREA,
                         BENGALURU - 560 058,

                         REP. BY ITS
                         MANAGING PARTNER,
                         MR. M. KUMAR,
                         S/O. K. MAYANNA,
                         AGED ABOUT 41 YEARS.
Digitally signed
by SUDHA S         2.    M. KUMAR,
Location:                S/O K. MAYANNA,
HIGH COURT
OF                       AGED ABOUT 41 YEARS,
KARNATAKA
                         MANAGING PARTNER,
                         M/S PRECISION CNC ENGINEERING,
                         NO.66/1, 6TH MAIN ROAD,
                         3RD PHASE,
                         PEENYA INDUSTRIAL AREA,
                         BENGALURU - 560 058.

                                                                 ...PETITIONERS

                   (BY SMT. VIJAYA M.N., ADVOCATE)

                   AND:

                         JKN STEEL AND ALLOYS,
                         NO.13/6, OPPOSITE ULLAS,
                         TALKIES ROAD,
                         MARAPPAPALYA,
                         YESHWANTHPUR,
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                                              NC: 2024:KHC:4402
                                        CRL.RP No. 1509 of 2023




    BENGALURU - 560 022.

    REP. BY GPA HOLDER
    MR. VINAY N.,
    S/O NARAYANA G.,
    AGED ABOUT 36 YEARS.
                                                 ...RESPONDENT
(BY SRI. NAGARAJA K.G., ADVOCATE)

     THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND CONVICTION
ORDER PASSED BY THE XXVII ACMM BENGALURU DATED
10.03.2020 IN C.C.NO.18827/2019 AND THE JUDGMENT AND
CONVICTION ORDER DATED 19.06.2023 PASSED BY THE LV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU
(CCH-56) IN CONFIRMING THE ORDER OF TRIAL COURT IN
CRL.A.NO.390/2022 AND ACQUIT THE PETITIONER/ACCUSED
BY ALLOWING THE REVISION PETITION.

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

                           ORDER

1. Learned counsel for the respective parties and

parties are present before the Court.

2. Learned counsel for the respective parties have filed

a joint memo along with application filed under Section 147 of

N.I.Act read with 320 of Cr.P.C., stating that matter has been

settled between the parties and the matter may be disposed of

accordingly.

3. Considering the averments of the said application,

there is no embargo to this Court to record the compromise,

NC: 2024:KHC:4402

since the offence punishable under Section 138 of N.I.Act is

compoundable in nature and parties have settled the matter

amicably. Hence, I proceed to pass the following:

ORDER

i. The Criminal Revision Petition is disposed of in terms of compromise.

ii. The judgment of conviction and order of sentence dated 10.03.2020 in C.C.No.18827/2019 passed by the Court of XXVII Additional Chief Metropolitan Magistrate, Bangalore and its confirmation judgment and order dated 19.06.2023 in Crl.A.No.390/2022 passed by the Court of LV Additional City Civil & Sessions Judge, Bengaluru (CCH-56) are set aside.

iii. The petitioner is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

Sd/-

JUDGE

GPG

CT:SNN