Santhosh vs M/S. Aditya Business Corporation
2024 Latest Caselaw 26797 Kant

Karnataka High Court

Santhosh vs M/S. Aditya Business Corporation on 8 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                   NC: 2024:KHC:45363
                                              CRL.RP No. 912 of 2024




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 8TH DAY OF NOVEMBER, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
               CRIMINAL REVISION PETITION NO. 912 OF 2024


            BETWEEN:

            SANTHOSH,
            PROPRIETOR,
            M/S. SAI VANDANA WIRE INDUSTRIES,
            AGED ABOUT 45 YEARS,
            R/AT NO.2/268, KALAIGNAR NAGAR,
            MADUKKARAJ ROAD, PODIPALYAM,
            SEERAPALAYAM POST, COIMBATORE - 641 105.
                                                        ...PETITIONER
            (BY SRI. MOHAN KUMAR D, ADVOCATE FOR
                SRI. DEVENDRA E.N, ADVOCATE)

            AND:

            M/S. ADITYA BUSINESS CORPORATION,
Digitally
signed by   REP. BY ITS AUTHORIZED SIGNATORY,
MALATESH    MR. P. SHABARISH,
KC
Location:   NO.74/1, 1ST FLOOR, 5TH MAIN,
HIGH        6TH CROSS, VALLABHA NAGAR,
COURT OF
KARNATAKA   UTTARAHALLI, SUBRAMANYAPURA POST,
            BANGALORE - 560 061.
                                                       ...RESPONDENT
            (BY SRI. B.R. VISHWANATH, ADVOCATE)

                   THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C
            PRAYING TO SET ASIDE THE JUDGMENT DATED 03.10.2023
            PASSED BY THE LEARNED LXVI ADDITIONAL CITY CIVIL AND
                            -2-
                                       NC: 2024:KHC:45363
                                   CRL.RP No. 912 of 2024




SESSIONS JUDGE, BENGALURU CITY IN CRL.A.NO.904/2022
AND SET ASIDE THE JUDGMENT DATED 14.12.2021 PASSED BY
THE LEARNED XXXVIII ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BENGALURU IN CC.NO.10956/2021 FOR THE
OFFENCE P/U/S 138 OF NI ACT AND CONSEQUENTLY, ACQUIT
THE PETITIONER.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                      ORAL ORDER

1. A sum of Rs.1,00,000/- is paid by the revision

petitioner to the respondent through bank transfer. Same

is confirmed by Sri. B.R. Vishwanath representing the

respondent . For the balance amount, revision petitioner

seeks time.

2. A memo is filed by the learned counsel for

revision petitioner Sri. B.R. Vishwanath appearing for the

respondent has no objection to grant the installments for

the balance amount.

NC: 2024:KHC:45363

4. The memo reads as under:

"The above named revision petitioner has paid a sum of Rs.1,00,000/- (Rupees One Lakh only) to the Respondent by way of NEFT and the same was recorded by this Hon'ble Court and was also acknowledged by respondent Advocate. The petitioner is producing this memo for production of payment status made by revision petitioner for reference purpose. Hence, his memo."

5. Placing the memo on record, revision petition

sands disposed of. If the amount is not paid as per he

memo, order of the Trial Magistrate stands restored

automatically.

If the amount as ordered is not paid as per the

memo, the revision petitioner shall undergo imprisonment

for a period of one year.

Sd/-

(V SRISHANANDA) JUDGE

SNC

CT: BHK