M/S. A. K. Musaliyar Infra Solution vs M/S. Shankara Building Products ...
2024 Latest Caselaw 27522 Kant

Karnataka High Court

M/S. A. K. Musaliyar Infra Solution vs M/S. Shankara Building Products ... on 15 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                   NC: 2024:KHC:46497
                                             CRL.RP No. 101 of 2024




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 15TH DAY OF NOVEMBER, 2024

                                   BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
               CRIMINAL REVISION PETITION NO. 101 OF 2024
            BETWEEN:

            M/S. A.K. MUSALIYAR INFRA SOLUTION,
            XXIX 1409, A AND B, NH BYEPASS,
            VYTTILA, KOCHI, ERNAKULAM - 682 019,
            REPRESENTED BY ITS AUTHORISED SIGNATORY AND
            PROPRIETOR M.R. AHAMMED A. K.
                                                     ...PETITIONER
            (BY SRI. NAGABHUSHANA S, ADVOCATE)

            AND:

            M/S. SHANKARA BUILDING PRODUCTS LIMITED,
            HAVING REGISTERED OFFICE AT
            NO. G-2, "FARAH WINSFORD",
            NO. 135, INFANTRY ROAD,
            BANGALORE - 560 001.
Digitally
signed by   REPRESENTED BY ITS AUTHORIZED
MALATESH    SIGNATORY/MANAGER ACCOUNTS,
KC
Location:   GPA HOLDER MR. N. SRINIVASA MURTHY,
HIGH        S/O MR. A.R. NARAYANA,
COURT OF
KARNATAKA   AGED ABOUT 49 YEARS.
                                                    ...RESPONDENT
            (BY SRI. KESHAVA MURTHY B, ADVOCATE)

                   THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC
            PRAYING TO SETTING ASIDE THE JUDGMENT AND ORDER OF
            CONVICTION    AND   SENTENCE    DATED    11.12.2023    IN
                                -2-
                                               NC: 2024:KHC:46497
                                        CRL.RP No. 101 of 2024




CRL.A.NO.765/2022 PASSED BY THE LXIII ADDL.CITY CIVIL
AND SESSIONS JUDGE, AT BENGALURU CONFIRMING THE
JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
DATED 29.09.2021 PASSED BY THE XXIV ADDL. SCJ AND
A.C.M.M AND SCCH-26 BENGALURU IN C.C.NO.5685/2018 IN
RESPECT OF OFFENCE P/U/S 138 OF N.I ACT AND THE
PETITIONER MAY KINDLY BE ACQUITTED.

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

CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                         ORAL ORDER

Learned counsel for the revision petitioner has filed a

memo dated 15.11.2024 and learned counsel for the

respondent has endorsed no objection, which reads as under:

"The petitioner herewith makes the payment of Rs.50,000.00 by way of cash this day and petitioner has already deposited of Rs.5,12,500.00 and has already paid Rs.50,000.00 after filing of the compliant out of total cheque amount of Rs.8,81,107 and further undertakes to pay balance amount of Rs.2,68,607.00 within 6 months from the date hereof, this fact may kindly be taken on record in the interest of justice and equity."

2. The memo is taken on record.

3. In view of the said memo, the criminal revision

petition stands disposed of with the following conditions:

NC: 2024:KHC:46497

i. If the amount agreed in the memo has not

paid, the order of the Trial Magistrate

confirmed by the First Appellate Court stands

restored automatically.

ii. The amount in deposit is ordered to be

withdrawn by the complainant under due

identification.

iii. After payment of the entire compensation

amount as agreed in the memo, the fine

amount of Rs.10,000/- ordered by the Trial

Magistrate confirmed by the First Appellate

Court towards the defraying expenses of the

State is hereby set aside

Sd/-

(V SRISHANANDA) JUDGE

HDK

CT: BHK