M/S Slv Enterprieses vs Sri Sridhar
2025 Latest Caselaw 6586 Kant

Karnataka High Court

M/S Slv Enterprieses vs Sri Sridhar on 24 June, 2025

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                                                                 NC: 2025:KHC:21895
                                                              CRL.A No. 900 of 2015


                          HC-KAR




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                   DATED THIS THE 24TH DAY OF JUNE, 2025

                                                  BEFORE
                                    THE HON'BLE MR JUSTICE S RACHAIAH
                                     CRIMINAL APPEAL NO. 900 OF 2015


                          BETWEEN:

                          M/S SLV ENTERPRIESES
                          NO.5/2, ANNAIAH ROAD,
                          (NEAR DEEPAK ENG. FAC)
                          BASAPPA REDDY COMPOUND
                          YELACHENAHALLI, KANAKAPURA ROAD,
                          BANGALORE-560078
                          REP BY ITS PROPRIETOR
                          SRI. M. VENKATESH
                                                                       ...APPELLANT
                          (BY SRI. N UDAYKUMAR., ADVOCATE)
                          AND:

                          SRI SRIDHAR, 40 YEARS
Digitally signed by       NO.14, M.M. INDUSTRIAL ESTAE,
SREEDHARAN                YEDIYUR, BANGALORE-82
BANGALORE SUSHMA
LAKSHMI                   AND ALSO AT
Location: High Court of   SRIDHAR NO.108, S.NO.12/3,
Karnataka
                          ELECTRONIC CITY, DODDA TEGURU VILALGE,
                          BANGALORE-560100
                                                                     ...RESPONDENT
                          (BY SMT. SUNITHA H SINGH., ADVOCATE)

                                THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING THIS
                          HON'BLE COURT TO SET ASIDE THE ORDER DATED 2.5.2015
                          PASSED     BY    THE    XXI   A.C.M.M.,   BENGALURU    IN
                          C.C.NO.34964/2011          -       ACQUITTING         THE
                          RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF
                          N.I.ACT.I.A.NO.1/2015 FOR SPECIAL LEAVE AND ETC.
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                                                     NC: 2025:KHC:21895
                                                 CRL.A No. 900 of 2015


HC-KAR




     THIS   APPEAL,   COMING   ON   FOR   REPORTING
SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:


CORAM: HON'BLE MR JUSTICE S RACHAIAH


                        ORAL JUDGMENT

1. The appellant and the respondent are present

and are identified by their respective counsels.

2. Learned counsels for the respective parties

have filed a compromise petition under Section 359 of

BNSS read with Section 147 of Negotiable Instruments

Act, for compounding the offence, stating that the matter

has been settled between the parties. The application is

duly signed by the appellant, respondent and their

respective counsels. The same is taken on record.

3. The said compromise petition, which reads as

under:

PETITION UNDER SECTION 359 OF BNSS R/W SECTION 147 OF NI ACT

"The Appellant and the Respondent most respectfully submits that they have mutually

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entered into this Compromise Petition and the claim against each other has been mutually settled among both the parties herein.

1. It is submitted that this appeal is filed by the Appellant being aggrieved by the acquittal of the Respondent in C.C. No.34964/2011 on dated:

2.5.2015 filed by the Appellant.

2. It is further submitted that, at the intervention of the well-wishers and friends of the parties to this appeal have arrived at this settlement.

3. It is further submitted that, the terms of the compromise is that the respondent has agreed to pay the Appellant a total sum of Rs.5,00,000/ - as full and final settlement by way of Five Instalments of Rs.1,00,000/- each every month within a period of five months starting from 24.06.2025 by way of Demand Draft in favour of the Appellant.

4. That the first instalment of Rs. 1,00,000/- is paid by way of a Demand Draft Branch bearing No.038802 dated:23.06.2025 drawn on Bank of India JC Road Branch, Bengaluru, and the receipt of the same has been acknowledged by the Respondent.

5. The remaining balance of Rs.4,00,000/- shall be paid by way of four Demand Drafts of Rs.1,00,000

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each on or before 23rd Day of every subsequent four months.

6. The parties to this appeal most respectfully submit that they have entered into this Compromise Petition out of their Volition, free will, free consent and without undue influence, coercion from any angle and they have signed this Compromise Petition after verifying and understanding the terms thoroughly.

Wherefore it is most respectfully prayed that this Hon'ble Court may be pleased to take on record and dispose off this Appeal in terms of this Compromise Petition in the interest of justice and Equity."

4. Having considered the compromise petition filed

for compounding the offences and also having considered

the nature of offences and its punishment, it is appropriate

to record the compromise in order to maintain quietus

between the parties and there is no impediment for this

Court to record the compromise as the alleged offence

which is punishable under Section 138 of N.I Act.

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5. Hence, I proceed to pass the following:

ORDER

The appeal is allowed in terms of compromise.

In view of the disposal of the appeal, pending

application, if any, stands disposed of.

Sd/-

(S RACHAIAH) JUDGE

JT/-

CT:JL