Karnataka High Court
Mrs Malakumar vs Tata Steel Downstream Products Ltd on 21 October, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:42331
CRL.RP No. 514 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 514 OF 2022
BETWEEN:
1. MRS MALAKUMAR
W/O MR MOHAN KUMAR
AGED ABOUT 53 YEARS,
PROPRIETRIX OF M/S L V INDUSTRIES
HAVING HER OFFICE AT NO.73 AND 74
SRIGANDHADAKAVALU
17TH CROSS, VISHWANEEEDAM
BEHIND KONAGA GARMENTS
BENGALURU -560 091
...PETITIONER
(BY SRI. K S CHANDRAKANTH GOWDA, ADVOCATE)
AND:
1. TATA STEEL DOWNSTREAM PRODUCTS LTD.,
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956 HAVING ITS
Digitally
signed by REGISTERED OFFICE AT TATA CENTRE NO.43,
MALATESH JAWAHARALAL NEHRU ROAD,
KC KOLKATA AND ITS BRANCH OFFICE AT
Location: NO.16, S P BUILDING, 2ND FLOOR,
HIGH APPLE VILLA, LALBAGH MAIN ROAD,
COURT OF BENGALURU -560027
KARNATAKA
REPRESENTED BY ITS MANAGER
MR JAIMURTHY
AGED ABOUT 43 YEARS,
S/O ANNAIAH
...RESPONDENT
(BY SRI. P.B.APPAIAH, ADVOCATE)
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NC: 2024:KHC:42331
CRL.RP No. 514 of 2022
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 09/03/2022
PASSED IN CRL.A.NO.25102/2021 BY THE LEARNED LXXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL
BENGALURU (CCH - 73) AND ALSO THE JUDGMENT AND
ORDER DATED 09/04/2021 PASSED BY THE LEARNED XIV
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL
BENGALURU IN C.C.NO.56804/2019 FOR OFFENSE
PUNISHABLE U/S 138 OF N.I. ACT AND ACQUIT THE
PETITIONER FOR THE REASON STATED ABOVE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Joint memo is filed. Contents of the joint memo reads as
under:
"The petitioner and respondent above named
state as follows:
1. The petitioner has filed the above Criminal
Revision Petition challenging the judgment dated
09.03.2022 in Crl.Appeal No.25102/2021 passed by the
LD. LXXII Addl. City Civil and Sessions Judge, at Mayo
Hall, Bengaluru. By the impugned judgment the LD.
Sessions Judge was pleased to uphold the judgment
dtd. 09.04.2021 in CC No.56804/2019 passed by the
Ld. XIV Addl. Chief Metropolitan Magistrate, Mayo Hall,
Bengaluru, in terms of which the Ld. Magistrate
NC: 2024:KHC:42331
convicted the petitioner for an offence under Section
138 of the Negotiable Instruments Act and directed the
petitioner, inter alia, to pay a fine of Rs.25,00,000/-
and in default thereof undergo simple imprisonment for
15 months. Out of the said mount, the petitioner was
ordered to pay the respondent a sum of Rs.24,90,000/-
as compensation.
2. During the hearing of the above petition,
petitioner and respondent have agreed to settle the
above case as per the following terms.
a. The respondent as agreed to settle the
agreed amount for Rs.24,90,000/- (Twenty Four Lakhs
Ninety Thousand). The petitioner has deposited
Rs.4,27,517/- vide Sl.No.2739 dtd. 18.10.2021 and
Q.No.1719/2021-22 and Rs.8,24,500/- vide Sly
No.1722/2022 dtd. 25.04.2022 No.449/2022-23 i.e.
totally amount in Rs.12,52,017/- (Twelve Lakhs Fifty
Two Thousand Seventeen Only) before the Trial Court.
That amount can be released in favour of the
respondent forthwith.
b. The petitioner has agreed to pay
Rs.12,37,983/- (Rupees Twelve Lakh Thirty Seven
Thousand Nine Hundred and Eighty Three only) within
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the period of 6 months from today i.e. on or before
21.04.2025.
c. The petitioner prays that this Hon'ble Court
be pleased to waive the amount of Rs.10,000/- (Ten
Thousand) which has been ordered by the Trial Court
to remit to the State.
The petitioner and respondent pray that this
Hon'ble Court may be pleased to dispose of the above
criminal revision petitioner in the above terms."
2. Placing the joint memo on record, revision petition
stands disposed of.
3. However, if the amount is not paid as stated in the
joint memo, the order of the learned Trial Magistrate stands
restored automatically.
4. Amount in deposit, if any, is ordered to be
withdrawn by the complainant under due identification.
Sd/-
(V SRISHANANDA)
JUDGE
MR
