Karnataka High Court
Sri Kannappan Soundarrajan vs M/S Ackuretta Systems (P) Ltd on 9 June, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC:19537
CRL.RP No. 1365 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION No. 1365 OF 2021
BETWEEN:
SRI KANNAPPAN SOUNDARRAJAN
S/O V C KANNAPPAN
AGED ABOUT 58 YEARS
PROPRIETOR
M/S. REGISTRON
No.22/5, GANGADHAR CHETTY ROAD
BENGALURU - 560 042.
...PETITIONER
(BY SMT. SUNANDA SARKAR, ADVOCATE FOR
Digitally signed by
LAKSHMINARAYANA SRI VIVEK N, ADVOCATE)
MURTHY RAJASHRI
Location: HIGH
COURT OF AND:
KARNATAKA
M/S ACKURETTA SYSTEMS (P) LTD.,
FORMERLY M/S. PARAMOUNT COMMERCE PVT. LTD.,
REGD. OFFICE AT 3RD FLOOR
SHERIFF HOUSE
No.85, RICHMOND ROAD
BENGALURU - 560 025.
...RESPONDENT
(BY SRI M ARUN POONAPPA, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 Cr.P.C. PRAYING TO EXAMINE THE
CORRECTNESS AND THE LEGAL VALIDITY OF THE SAID
JUDGMENT AND ORDER AND APPRECIATE THE FACTS AND
GROUNDS MENTIONED IN THE ABOVE CRIMINAL REVISION
PETITION AND SET ASIDE THE JUDGMENT AND ORDER DATED
07.08.2019 PASSED IN C.C.No.51850/2018 ON THE FILE OF
-2-
NC: 2025:KHC:19537
CRL.RP No. 1365 of 2021
HC-KAR
LVIII ADDL.C.M.M., BENGALURU AND THE JUDGMENT DATED
11.10.2021 PASSED IN CRL.A.No.25219/2019 BEFORE THE
LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO
HALL, BENGALURU AND ALLOW THIS APPEAL, CONSEQUENTLY,
ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF N.I. ACT AND ETC.,
THIS PETITION COMING ON FOR REPORTING
SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. Petitioner is present. Learned counsel for
petitioner is present. Learned counsel for respondent is
present.
2. Memo for settlement is filed and it reads thus:
"MEMO FOR REPORTING SETTLEMENT
The petitioner and respondent submits as follows:
1. The petitioner has preferred this petition
challenging the Judgment and order dated
07/08/2019 in C.C.No.51850/2018 passed by the
58th Additional Chief Metropolitan Magistrate, Mayo
Hall Unit, Bengaluru and the Judgment dated
11/10/2021 in Crl.A.No.25219/2019 passed by the
NC: 2025:KHC:19537
HC-KAR
LXXII Additional City Civil and Sessions Judge at Mayo
Hall, Bengaluru.
2. At the intervention of well wishers and friends the
petitioner and the respondent have amicably settled
the matter and have decided to close the above
matter as settled in the below manner.
3. The petitioner has agreed to pay the respondent a
sum of Rs.1,50,000/- (Rupees One Lakh Fifty
Thousand) as final settlement in five monthly
installments Rs.30,000/- per month. First installment
starting in the month of June 2025 and the final
installment on October 2025.
4. Accordingly the first installment payable for the
month of June 2025 is paid to the respondent through
online transfer (NEFT) on 06/06/2025 vide UTR
No.SIBLN25157491105.
5. The remaining four installments would be done by
the petitioner in July, August, September and October
2025.
6. The petitioner agrees to abide by this settlement
memo, and in the event of failure of repayment by
the petitioner as stated above, the respondent is at a
liberty to proceed in accordance with law for recovery
of the same.
7. The Petitioner has no objection for the Respondent
to withdraw the entire amount deposited before the
trial Court, deposited on the basis of interim order.
NC: 2025:KHC:19537
HC-KAR
WHEREFORE, the petitioner and respondent most
humbly pray that this Hon'ble Court may be pleased
to take this Memo for Settlement on record, and close
the above matter in the terms of this Memo for
Settlement, in the interest of justice."
3. Petitioner has agreed to pay a sum of
Rs.1,50,000/- in 5 monthly installments of Rs.30,000/-
each. Learned counsel for petitioner submits that
petitioner has paid installment for the month of June,
2025. Learned counsel for respondent submits that the
petitioner has paid the first installment for the month of
June, 2025.
4. As per the terms of settlement petitioner has to
pay installments of July, August, September and October,
2025 in a sum of Rs.30,000/- each. Petitioner has
deposited a sum of Rs.37,273/- on 12.09.2019 and a sum
of Rs.56,550/- on 23.12.2021. The petitioner - accused
has no objection for the respondent to withdraw the said
amount deposited before the trial Court.
NC: 2025:KHC:19537
HC-KAR
5. Another condition in the memorandum of
settlement is that if the petitioner fails to make payment
of installments, the respondent is at liberty to proceed
against the petitioner in accordance with law.
6. Considering the above aspects, as the matter is
settled between the parties, the revision petition is
disposed of in terms of the settlement and offence under
Section 138 of the Negotiable Instruments Act is
compounded. If the petitioner fails to pay the remaining
installments as agreed, the conviction rendered in C.C. No.
51850/2013 restores and the respondent - complainant is
at liberty to recover the fine amount in accordance with
law.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
