Karnataka High Court
M/S Ovion Seatings vs Sri. Basavaraju on 25 July, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:29739
CRL.RP No. 533 of 2016
C/W CRL.RP No. 534 of 2016
CRL.RP No. 535 of 2016
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.533 OF 2016
C/W CRIMINAL REVISION PETITION No.534 OF 2016
CRIMINAL REVISION PETITION No.535 OF 2016
CRIMINAL REVISION PETITION No.536 OF 2016
IN CRL.RP.No.533/2016
BETWEEN:
1. M/S OVION SEATINGS
NO.44/1, 6TH CROSS,
SAMPANGIRAMA NAGAR,
BENGALURU-560027
REPRESENTED BY ITS
MANAGING DIRECTOR,
SRI KIRAN KUMAR
Digitally 2. SRI KIRAN KUMAR
signed by MANAGING DIRECTOR,
MALATESH M/S OVION SEATINGS
KC NO.44/1, 6TH CROSS,
Location: SAMAPANGIRAMA NAGAR
HIGH BENGALURU-560027
COURT OF ...PETITIONERS
KARNATAKA (BY SRI RAVEESH P, ADVOCATE)
AND:
1. SRI. BASAVARAJU
S/O SHIVARUDRAPPA ,
AGED ABOUT 37 YEARS,
R/AT NO.183, 2ND FLOOR,
17TH MAIN ROAD, II BLOCK
JAYANAGAR
-2-
NC: 2024:KHC:29739
CRL.RP No. 533 of 2016
C/W CRL.RP No. 534 of 2016
CRL.RP No. 535 of 2016
AND 1 OTHER
BENGALURU-560011
...RESPONDENT
(BY SRI K.S.PRAVEEN KUMAR, ADVOCATE)
THIS CRL.R.P IS FILED UNDER SECTION 397 R/W 401
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
OF CONVICTION DATED 04.02.2016 PASSED BY THE LXVI
ADDL. CITY CIVIL AND S.J., BANGALORE CITY IN
CRL.A.NO.1093/2014 CONFIRMING THE JUDGMENT OF
CONVICTION PASSED BY THE XIII ACMM, BANGALORE IN
C.C.NO.9325/2011 FOR THE OFFENCES P/U/S 138 OF N.I ACT
AND THEREBY CONVICTING THE PETITIONERS FOR THE
OFFENCE P/U/S 138 OF N.I ACT, DIRECTING THAT THE
PETITIONERS SHALL PAY A FINE OF RS.2,03,000/- AND IN
DEFAULT OF PAYMENT THE PETITIONERS SHALL UNDERGO
SIMPLE IMPRISONMENT FOR 3 MONTHS AND ACQUIT THE
PETITIONERS.
IN CRL.RP.No.534/2016
BETWEEN:
1. M/S OVION SEATINGS
NO.44/1, 6TH CROSS,
SAMPANGIRAMA NAGAR,
BENGALURU-560027
REPRESENTED BY ITS
MANAGING DIRECTOR,
SRI KIRAN KUMAR
2. SRI KIRAN KUMAR
MANAGING DIRECTOR,
M/S OVION SEATINGS
NO.44/1, 6TH CROSS,
SAMAPANGIRAMA NAGAR
BENGALURU-560027
...PETITIONERS
(BY SRI RAVEESH P, ADVOCATE)
-3-
NC: 2024:KHC:29739
CRL.RP No. 533 of 2016
C/W CRL.RP No. 534 of 2016
CRL.RP No. 535 of 2016
AND 1 OTHER
AND:
1. SRI. BASAVARAJU
S/O SHIVARUDRAPPA ,
AGED ABOUT 37 YEARS,
R/AT NO.183, 2ND FLOOR,
17TH MAIN ROAD, II BLOCK
JAYANAGAR
BENGALURU-560011
...RESPONDENT
(BY SRI K.S.PRAVEEN KUMAR, ADVOCATE)
THIS CRL.R.P IS FILED UNDER SECTION 397 R/W 401
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
OF CONVICTION DATED 04.02.2016 PASSED BY THE LXVI
ADDL. CITY CIVIL AND S.J., BANGALORE CITY IN
CRL.A.NO.1096/2014 CONFIRMING THE JUDGMENT OF
CONVICTION PASSED BY THE XIII ACMM, BANGALORE IN
C.C.NO.18245/2011 FOR THE OFFENCES P/U/S 138 OF N.I ACT
AND DIRECTING THAT THE PETITIONERS SHALL PAY A FINE OF
RS.2,03,000/- AND IN DEFAULT OF PAYMENT THE
PETITIONERS SHALL UNDERGO SIMPLE IMPRISONMENT FOR 3
MONTHS AND ACQUIT THE PETITIONERS.
IN CRL.RP.No.535/2016
BETWEEN:
1. M/S OVION SEATINGS
NO.44/1, 6TH CROSS,
SAMPANGIRAMA NAGAR,
BENGALURU-560027
REPRESENTED BY ITS
MANAGING DIRECTOR,
SRI KIRAN KUMAR
2. SRI KIRAN KUMAR
MANAGING DIRECTOR,
M/S OVION SEATINGS
NO.44/1, 6TH CROSS,
-4-
NC: 2024:KHC:29739
CRL.RP No. 533 of 2016
C/W CRL.RP No. 534 of 2016
CRL.RP No. 535 of 2016
AND 1 OTHER
SAMAPANGIRAMA NAGAR
BENGALURU-560 027
...PETITIONERS
(BY SRI RAVEESH P, ADVOCATE)
AND:
1. SRI. BASAVARAJU
S/O SHIVARUDRAPPA ,
AGED ABOUT 37 YEARS,
R/AT NO.183, 2ND FLOOR,
17TH MAIN ROAD, II BLOCK
JAYANAGAR
BENGALURU-560011
...RESPONDENT
(BY SRI K.S.PRAVEEN KUMAR, ADVOCATE)
THIS CRL.R.P IS FILED UNDER SECTION 397 R/W 401
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
OF CONVICTION DATED 04.02.2016 PASSED BY THE LXVI
ADDL. CITY CIVIL AND S.J., BANGALORE CITY IN
CRL.A.NO.1094/2014 CONFIRMING THE JUDGMENT OF
CONVICTION PASSED BY THE XIII ACMM, BANGALORE DATED
27.08.2014 IN C.C.NO.14333/2011 FOR THE OFFENCE P/U/S
138 OF N.I ACT AND THEREBY CONVICTING THE PETITIONERS
FOR THE OFFENCE P/U/S 138 OF N.I ACT, AND DIRECTING
THAT THE PETITIONERS SHALL PAY A FINE OF RS.2,03,000/-
AND IN DEFAULT OF PAYMENT OF THE PETITIONERS SHALL
UNDERGO SIMPLE IMPRISONMENT FOR 3 MONTHS AND
ACQUIT THE PETITIONERS.
IN CRL.RP.No.536/2016
BETWEEN:
1. M/S OVION SEATINGS
NO.44/1, 6TH CROSS,
SAMPANGIRAMA NAGAR,
BENGALURU-560027
REPRESENTED BY ITS
-5-
NC: 2024:KHC:29739
CRL.RP No. 533 of 2016
C/W CRL.RP No. 534 of 2016
CRL.RP No. 535 of 2016
AND 1 OTHER
MANAGING DIRECTOR,
SRI KIRAN KUMAR
2. SRI KIRAN KUMAR
MANAGING DIRECTOR,
M/S OVION SEATINGS
NO.44/1, 6TH CROSS,
SAMAPANGIRAMA NAGAR
BENGALURU-560 027
...PETITIONERS
(BY SRI RAVEESH P, ADVOCATE)
AND:
1. SRI. BASAVARAJU
S/O SHIVARUDRAPPA ,
AGED ABOUT 37 YEARS,
R/AT NO.183, 2ND FLOOR,
17TH MAIN ROAD, II BLOCK
JAYANAGAR
BENGALURU-560011
...RESPONDENT
(BY SRI K.S.PRAVEEN KUMAR, ADVOCATE)
THIS CRL.R.P IS FILED UNDER SECTION 397 R/W 401
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
OF CONVICTION DATED 04.02.2016 PASSED BY THE LXVI
ADDL. CITY CIVIL AND S.J., BANGALORE IN
CRL.A.NO.1095/2014 CONFIRMING THE JUDGMENT OF
CONVICTION PASSED BY THE XIII ACMM, BANGALORE DATED
27.08.2014 IN C.C.NO.18244/2011 FOR THE OFFENCE P/U/S
138 OF N.I ACT AND THEREBY CONVICTING THE PETITIONERS
FOR THE OFFENCE P/U/S 138 OF N.I ACT, AND DIRECTING
THAT THE PETITIONERS SHALL PAY A FINE OF RS.2,03,000/-
AND IN DEFAULT OF PAYMENT OF THE PETITIONERS SHALL
UNDERGO SIMPLE IMPRISONMENT FOR 3 MONTHS AND
ACQUIT THE PETITIONERS.
-6-
NC: 2024:KHC:29739
CRL.RP No. 533 of 2016
C/W CRL.RP No. 534 of 2016
CRL.RP No. 535 of 2016
AND 1 OTHER
THESE PETITIONS, COMING ON FOR SETTLEMENT, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Joint memo filed.
2. Demand Draft in a sum of Rs.3,19,000/- is tendered by
learned counsel for the petitioners to the respondent. Same is
acknowledged.
3. With the payment of said sum of Rs.3,19,000/-, entire
agreed liability between the parties stands satisfied.
4. Accordingly, revision petitions stands disposed of.
5. In view of payment of entire agreed amount, fine amount
of Rs.3,000/- towards defraying expenses of the State imposed
by the learned Trial Magistrate confirmed by the learned Judge
in the First Appellate Court in each of the cases stands set-
aside, as the lis is privy to the parties.
6. Amount in deposit is ordered to be withdrawn by the
complainant under due identification.
Sd/-
(V.SRISHANANDA)
JUDGE
