Karnataka High Court
Radio Waves Electronics (India) Ltd vs Logwin Air & Ocean India Pvt. Ltd on 1 March, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:8795
CRL.RP No. 165 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL REVISION PETITION NO. 165 OF 2016
BETWEEN:
1. RADIO WAVES ELECTRONICS (INDIA) LTD.,
#102/103, SY. NO.83/4,
IIM POST, HULIMAVU,
DODAMMA INDUSTRIAL AREA,
BANNERGHATTA MAIN ROAD,
BENGALURU-560 076,
REPRESENTED BY ITS
MANAGING DIRECTOR.
2. MR. ASIF AHMED
DIRECTOR & CHIEF EXECUTIVE ENGINEER,
Digitally signed by B (MECHANIC) & AUTHORIZED SIGNATORY,
K
MAHENDRAKUMAR RADIO WAVES ELECTRONICS (INDIA) LTD.,
Location: HIGH
COURT OF #102/103, SY. NO. 83/4,
KARNATAKA
IIM POST, HULIMAVU,
DODAMMA INDUSTRIAL AREA,
BANNERGHATTA MAIN ROAD,
BENGALURU-560 076.
3. MR. NELSON T.V.
DIRECTOR & CHIEF EXECUTIVE ENGINEER,
RADIO WAVES ELECTRONICS (INDIA) LTD.,
#102/103, SY. NO.83/4,
IIM POST, HULIMAVU,
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NC: 2024:KHC:8795
CRL.RP No. 165 of 2016
DODAMMA INDUSTRIAL AREA,
BANNERGHATTA MAIN ROAD,
BENGALURU-560 076.
...PETITIONERS
(BY SRI. PRASANNA D P.,ADVOCATE)
AND:
LOGWIN AIR & OCEAN INDIA PVT. LTD.,
SRI. SHESHADRI SAMPADA BUILDING,
#91/1&2, HEBBAL RING ROAD,
BENGALURU-560 024,
REPRESENTED BY ITS
SALES MANAGER,
SRI. N.M. SANTHOSH.
...RESPONDENT
(BY SRI.V.CHANDRASHEKAR.,ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE ORDER OF CONVICTION
PASSED IN C.C.NO.45749/2010 BY THE XXVII A.C.M.M.,
BANGALORE DATED 16.08.2014 AND THE JUDGMENT OF
CONVICTION PASSED BY THE LXVIII ADDL. CITY CIVIL AND
S.J., BANGALORE IN CRL.A.NO.979/2014 DATED 02.11.2015.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:8795
CRL.RP No. 165 of 2016
ORDER
The petitioners/accused Nos.1 to 3 are convicted for the
offence punishable under Section 138 of the Negotiable
Instruments Act and sentenced to pay a sum of Rs.97,536/-
towards compensation.
2. The parties are present before this Court and have
filed an application for compounding of the offence stating that they
have amicably resolved the dispute among themselves and in
terms of settlement, the complainant has agreed to receive a sum
of Rs.75,0000/- towards full and final settlement of the claim and he
has no objection for setting aside the judgment of conviction.
3. The complainant who is present before the Court
acknowledges the receipt of Rs.45,739/- through a demand draft
dated 28.02.2024 subject to realization.
4. In view of the settlement arrived between the parties,
the following:
ORDER
i. Criminal revision petition is allowed.
ii. The impugned judgment dated 02.11.2015
passed by the LXVIII Addl. City Civil and Sessions
Judge, Bengaluru in Crl.A.No.979/2014 and the
judgment dated 16.08.2014 passed by the XXVII Addl.
Chief Metropolitan Magistrate in C.C.No.45749/2010 are
hereby set aside and the petitioners/accused Nos.1 to 3
NC: 2024:KHC:8795
are acquitted of the offence under Section 138 of the
Negotiable Instruments Act.
iii. The complainant is entitled for withdrawing
the amount deposited by the petitioners before the Trial
Court.
Sd/-
JUDGE
RKA
