Karnataka High Court
M/S Technosolutions And Designs Pvt ., ... vs Smt Lola Anwar Ahmed on 16 January, 2024
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NC: 2024:KHC:2076
CRL.RP No. 684 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 684 OF 2023
BETWEEN:
1. M/S TECHNOSOLUTIONS AND
DESIGNS PVT., LTD.,
NOW AT NO. 37/A, 6TH MAIN 3RD PHASE,
J.P NAGARA,
BENGALURU -560 078
BY ITS MANAGING DIRECTOR,
SRI SAYIDAS KAMATH S P.
2. SRI SAYIDAS KAMATH S P
S/O S R PANDURANGA KAMATH,
AGED ABOUT 55 YEARS,
NOW RESIDING AT NO.001,
A BLOCK, MANTRI ELITE APARTMENT,
J.P. NAGAR,
Digitally signed 4TH PHASE, BENGALURU -560076.
by N UMA
...PETITIONERS
Location: HIGH
COURT OF
KARNATAKA (BY SRI. SHANKARANARAYANA BHAT N.,ADVOCATE)
AND:
1. SMT. LOLA ANWAR AHMED
W/O SRI. ANWAR AHMED,
AGED ABOUT 68 YEARS,
C/O MOQTHAR AHMED,
FLAT NO. 24, 2ND FLOOR,
BLOCK D DAIMOND DISTRICT.
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CRL.RP No. 684 of 2023
APARTMENTS, HAL AIRPORT ROAD,
BENGALURU -560 017,
REPRESENTED BY GENERAL POWER
OF ATTORNEY HOLDER,
SRI NOOR AHMED SARIEFF.
...RESPONDENT
(BY SRI. RAGHAVENDRA K.,ADVOCATE)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE
COURT OF LV ADDL.CITY CIVIL AND SESSIONS JUDGE,
BENGALURU IN CRL.A.NO.893/2021 DATED 25.01.2023 AND
JUDGMENT AND ORDERS PASSED BY THE COURT OF 12TH
ADDL.AND A.C.M.M, BENGALURU IN C.C.NO.3946/2018 DATED
30.09.2021 AND FURTHER BE PLEASED TO ACQUIT THE
PETITIONERS BY DISMISSING THE AFORESAID
C.C.NO.3384/2019 AND ETC
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. Shankaranarayana Bhat. N., learned counsel
for the petitioners and Shri. Raghavendra. K., learned counsel
for the respondent.
2. Learned counsel for the respective parties submits
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that the matter has been settled between the parties and they
have jointly filed an application under Section 147 of the
Negotiable Instrument Act seeking to compound the offence by
setting aside the conviction order passed by the Courts below
against the petitioners and acquit the petitioners.
3. The Petitioners and the respondent are present and
they have been identified by their respective counsels. The
application filed under Section 147 of the N.I. Act is duly signed
by the petitioners, the respondent and their respective
counsels.
4. Perused the averments made in the said application
filed on 16.01.2024 which reads thus:
"It is submitted by both the Petitioners
and Respondent that at the instance of the well-
wishers of both side, negotiated the matter with
both the parties and parties voluntarily and
willingly settled the matter amicably. It is
necessary to mention that in between the
Petitioners and Respondent there are in all five
cases and in all five cases conviction order was
passed and the total amount of fine imposed in
five cases comes to Rs.47,77,125/-. The said
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dispute is settled now as Respondent has agreed
to receive a total sum of Rs.32,00,000/- (Rupees
Thirty Lakhs only) in complete discharge of the
Petitioners liability to her. Accordingly the
Petitioners have paid the said amount to the
Respondent through two Demand Drafts drawn on
Canara Bank, payable to the Respondent for a
sum of Rs.20,00,000/- (Rupees Twenty Lakhs
only) bearing D.D.No.944282/- dated 06.01.2024
and another Demand Draft for the sum of
Rs.12,00,000/- (Rupees Twelve Lakhs only)
bearing D.D.No.839546 dated 09.01.2024. The
Respondent acknowledges the receipt of the
above said D.Ds before this Hon'ble in complete
discharge of the Petitioners liability to the
respondent, however the same is subject to
realization of the Demand Draft. The parties have
voluntarily and willingly agreed to this settlement
without there being any pressure, undue influence
or coercion from any one.
The Registered agreement of lease dated
17.07.2014 between the parties hereby stand
cancelled. There is no other claims or future
claims whatsoever in between them. "
5. On reading of the averments of the said application
and also considering the offence which is punishable under
Section 138 of N.I. Act and the same is compoundable in
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nature, there is no embargo to this Court to dispose of the
matter in terms of compromise. 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 30.09.2021 in C.C.No.3946/2018 passed by
the Court of 12th Addl. and A.C.M.M., Bengaluru
and its confirmation judgment and order dated
25.01.2023 in Crl.A.No.893/2021 passed by the
Court of LV Addl. Civil and Sessions Judge,
Bengaluru are set aside.
iii. The petitioners are acquitted for the offence
punishable under Section 138 of the Negotiable
Instruments Act, 1881.
Sd/-
JUDGE
AM
