Karnataka High Court
K. Mohan And Company (Exports) Pvt. Ltd vs Strawberry Lenceria Private Limited on 24 March, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:12328
CRL.A No. 1142 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL APPEAL NO.1142 OF 2024
BETWEEN:
1. K. MOHAN AND COMPANY (EXPORTS) PVT. LTD.,
B-1, 62/5, BEGUR ROAD,
DEVARACHIKKANAHALLI MAIN ROAD,
BOMMANAHALLI,
BENGALURU - 560 068.
PRESENTLY AT:
NO.372, 1ST FLOOR, CABIN NO.106,
WS NO.6., 6TH CROSS,
GOLDEN SQUARE, WILSON GARDEN,
BENGALURU-560 027.
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR. CHANDRAKANT KONDIRAM WETAL.
Digitally signed ...APPELLANT
by DEVIKA M
Location: HIGH (BY SMT. AMRITA SHIVAPRASAD, ADVOCATE FOR
COURT OF SMT. KAVITHA DAMODARAN, ADVOCATE)
KARNATAKA
AND:
1. STRAWBERRY LENCERIA PRIVATE LIMITED,
NO.3347/A, 2ND FLOOR,
13TH MAIN, HAL 2ND STAGE,
BENGALURU-560 008.
2. MR. THANDAND THAN KRISHNADAS,
MANAGING DIRECTOR,
STRAWBERRY LENCERIA PRIVATE LIMITED,
NO.3347/A, 2ND FLOOR,
13TH MAIN, HAL 2ND STAGE,
BENGALURU-560 008.
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NC: 2025:KHC:12328
CRL.A No. 1142 of 2024
ALSO AT:
NO.26, AISHWARYA, 1ST CROSS,
2ND MAIN, DOMLUR, 2ND STAGE,
BENGALURU - 560 071.
3. MR.THUNDIPARAMBIL JOSEPH FRANCIS JOSEPH,
DIRECTOR SALES,
STRAWBERRY LENCERIA PRIVATE LIMITED,
NO.3347/A, 2ND FLOOR,
13TH MAIN, HAL 2ND STAGE,
BENGALURU-560 008.
ALSO AT: NO.24,
VENKATESHWAR LAYOUT,
JAYANTHI NAGAR, HORAMAVU,
BENGALURU - 560 043.
4. MS. SHEETAL RAJ NATARAJ ADONI,
DIRECTOR PRODUCT AND DESIGN - WOMEN,
STRAWBERRY LENCERIA PRIVATE LIMITED,
NO.3347/A, 2ND FLOOR,
13TH MAIN, HAL 2ND STAGE,
BENGALURU - 560 008.
ALSO AT: 1ST CROSS,
NEAR MAHADI MOTORS,
SRE LAYOUT, CHITRADURGA-577 501.
...RESPONDENTS
(RESPONDENTS ARE SERVED AND UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
OF CR.PC PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 24.04.2024 PASSED BY THE XIV ADDL. SMALL CAUSES
JUDGE AND ACMM, BENGALURU IN C.C.NO.2770/2018 AND
CONSEQUENTLY CONVICT THE RESPONDENTS AND TO DIRECT
THE RESPONDENT TO BEAR AND PAY THE ENTIRE COSTS OF
THIS APPEAL.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:12328
CRL.A No. 1142 of 2024
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
Heard the learned counsel appearing for the
appellant. The respondents though served have been
unrepresented.
2. This Court vide order dated 14.03.2025 in
similar case in Crl.A.No.1112/2024 taken note of the
contention of the appellant that proceedings is initiated
under Section 138 of the Negotiable Instruments Act ('NI
Act' for short) against accused No.1 and other accused
persons and accused Nos.3, 5 and other accused were not
secured before the Trial Court and hence, the proceedings
initiated against accused Nos.1, 2, 4 and 6 and they have
faced the trial, but the Trial Court while passing the order
though raised the point for consideration, same has been
answered as negative and not given any finding in respect
of accused No.1 and thus, erroneously passed an order
acquitting accused Nos.2, 4 and 6 and the Trial Court ought
to have given finding against accused No.1 also since the
same is the Company.
NC: 2025:KHC:12328
3. This Court having taken note of the said ground
comes to the conclusion that the material on record
discloses that the Trial Court did not discuss anything about
the company as well as directors whether they are well
known to the facts or not and only reason assigned by the
Trial Court is power of attorney holder who has no
knowledge regarding the transactions, cannot be examined
as a witness in the case. But the Trial Court ought to have
taken note of the evidence placed on record and nothing is
discussed with regard to accused No.1-company is
concerned. When the matter is pending before the Trial
Court in respect of the other accused is concerned, comes
to the conclusion that it is appropriate to set aside the
order and remand the matter for reconsideration along with
pending case which is now in consideration in respect of
accused No.5.
4. Hence, in this case also it is appropriate to
consider the matter afresh along with C.C.No.3297/2024
and consider the issue involved between the complainant
as well as accused No.1-company and directors. Even if
NC: 2025:KHC:12328
any further evidence is given by the complainant/appellant,
the same shall be considered by the Trial Court. Hence,
the impugned order requires to be set aside.
5. In view of the discussions made above, I pass
the following:
ORDER
(i) The appeal is allowed.
(ii) The impugned order dated 24.04.2024
passed in C.C.No.2770/2018 is set aside.
The matter is remitted back to the Trial
Court for fresh consideration along with the
pending C.C.No.3297/2024 in view of
observation made above.
Sd/-
(H.P.SANDESH)
JUDGE
MD
