H.V. Prabhakar vs Managing Director
2024 Latest Caselaw 19026 Kant

Citation : 2024 Latest Caselaw 19026 Kant
Judgement Date : 30 July, 2024

Karnataka High Court

H.V. Prabhakar vs Managing Director on 30 July, 2024

                                             -1-
                                                         NC: 2024:KHC:30037
                                                    CRL.RP No. 1387 of 2015




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                            DATED THIS THE 30TH DAY OF JULY, 2024
                                           BEFORE
                             THE HON'BLE MR JUSTICE S RACHAIAH
                      CRIMINAL REVISION PETITION NO. 1387 OF 2015
                   BETWEEN:

                      H.V. PRABHAKAR
                      S/O LATE VENKATA SUBBAIHA
                      AGED ABOUT 60 YEARS
                      R/O 10TH CROSS, K.R.PURAM,
                      HASSAN - 573 201.

                                                              ...PETITIONER
                   (BY SRI. NAGARAJ M BHAT, ADVOCATE FOR
                       SRI. R B DESHPANDE, ADVOCATE)

                   AND:

                      MANAGING DIRECTOR
                      M/S MYSORE SALES INTERNATIONAL LIMITED,
                      NO. 36, MSIL HOUSE, CUNNINGHAM ROAD,
                      BENGALURU - 560 052.

Digitally signed                                             ...RESPONDENT
by
SREEDHARAN         (BY SRI. S V ANGADI, ADVOCATE)
BANGALORE
SUSHMA
LAKSHMI
Location: HIGH
                        THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
COURT OF           TO SET ASIDE THE ORDER DATED 06.12.2014 PASSED BY THE
KARNATAKA
                   PRESIDING OFFICER, FAST TRACK COURT, HASSAN IN
                   CRL.A.NO.8/2013 AND FURTHER BE PLEASED TO RESTORE THE
                   CRL.A.NO.8/2013 ON THE FILE OF FAST TRACK COURT
                   HASSAN.

                        THIS PETITION, COMING ON FOR FINAL HEARING, THIS
                   DAY, ORDER WAS MADE THEREIN AS UNDER:

                   CORAM:    HON'BLE MR JUSTICE S RACHAIAH
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                                                         NC: 2024:KHC:30037
                                                  CRL.RP No. 1387 of 2015




                             ORAL ORDER

1. Learned counsel for the respective parties and

parties are present before the Court.

2. Learned counsel for the respondent filed a memo

reporting settlement on 09.04.2021.

The averments of the memo reads thus:

"This has reference to Case No.O.S.58/2002 pending before the Hon'ble High Court of Karnataka between MSIL Vs. Mr.HV Prabhakar, (M/s Mayura Trades, Hassan).

In the said instant, Company has recovered RS.12,00,000/- through cheque (Rs.6,38,189.31 plus interest and other charges) as one time settlement from the Defendant Mr.H.V.Prabhakar of M/s. Mayura Traders during August 2018.

Therefore, necessary submissions shall be made before the Hon'ble High Court of Karnataka to get the matter closed as "Fully satisfied".

3. Considering the averments of the said memo, there

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

NC: 2024:KHC:30037

ORDER

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

ii. The judgment of conviction and order of sentence dated 31.12.2012 in C.C.No.784/2001 passed by the Court of Additional Civil Judge and JMFC, Hassan and its confirmation judgment and order dated 06.12.2014 in Crl.A.No.8/2013 passed by the Court of Presiding Officer, Fast Track Court, Hassan are set aside.