Karnataka High Court
M/S Apna Sapna Holidays Pvt Ltd vs Sri M Rakesh Kumar on 14 November, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC:46662
CRL.RP No. 1197 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 1197 OF 2021
BETWEEN:
1. M/s APNA SAPNA HOLIDAYS PVT LTD
REP BY ITS MANAGING DIRECTOR,
MR. SUNIL BABERWAL,
S/O LATE BIHARILAL BABERWAL,
AGED ABOUT 52 YEARS,
2. M/s APNA SAPNA HOLIDAYS
PVT. LTD., REP BY ITS
AUTHORIZED SIGNATORY,.
SMT. HEMALATHA M SINGH,
W/O MANJUANTH SINGH,
AGED ABOUT 43 YEARS,
BOTH NO.83, 5TH FLOOR,
Digitally signed FARAH TOWERS,
by ANUSHA V M.G.ROAD,
Location: High BANGALORE-560 001.
Court of
Karnataka AND ALSO:
M/s APNA SAPNA HOLIDAYS PVT LTD.,
AT FLAT NO.D-1006,
MANTRI TRANQUIL,
NO.7191/2013,
GUBBALALA VILLAGE,
SUBRAMANYAPURA POST,
BENGALURU - 560 061.
...PETITIONERS
(BY SRI MAHESH S N., ADVOCATE)
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CRL.RP No. 1197 of 2021
HC-KAR
AND:
SRI M RAKESH KUMAR
AGED ABOUT 38 YEARS,
S/O K.MAHAVEERACHADN,
AT NO.127, DR. D.V.G. ROAD,
BASAVANAGUDI,
BENGALURU 560 004.
...RESPONDENT
(BY SRI M.S.MANJANNA, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO A. SET ASIDE
THE JUDGMENT DATED 12.08.2021 PASSED IN
CRL.A.NO.2095/2018 ON THE FILE OF THE HONBLE LXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU (CCH-63).B. SET ASIDE THE JUDGMENT/ORDER
OF CONVICTION DATED 14.09.2018 PASSED IN
C.C.NO.21015/2016 ON THE FILE OF THE HON'BLE XVI
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT
BENGALURU BY ALLOWING THE ABOVE PETITION BY
ACQUITTING THE PETITIONERS.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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CRL.RP No. 1197 of 2021
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ORAL ORDER
Challenging judgment dated 12.08.2021 passed by LXII
Addl. City Civil and Sessions Judge, Bengaluru (CCH-63), in
Crl.A.no.2095/2018 confirming judgment of conviction and
order of sentence dated 14.09.2018 passed by XVI Additional
Chief Metropolitan Magistrate, Bengaluru, in
C.C.no.21015/2016, this revision petition is filed.
2. Learned counsel for petitioners submitted that
during pendency of petition, one among two Directors died i.e.
petitioner no.1 - Sunil Baberwal. Copy of death certificate is
produced.
3. Learned counsel for both parties jointly submitted
that during pendency of revision petition, petitioner no.2 has
settled claim of respondent - complainant. An application under
Section 147 of Negotiable Instruments Act, 1881, ('NI Act', for
short) is filed to said effect, whereunder it is stated that dispute
is settled out of Court, terms of which reads as under:
"APPLICATION UNDER SECTION 147 OF
NEGOTIABLE INSTRUMENT ACT.
The above named petitioners humbly
submits as follows:-
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1. That the respondent has filed a
complaint under section 138 of N.I. Act,
against the petitioners before the court
below, that on 14.09.2018 the Hon'ble XVI
ACMM, at Bangalore, in
C.C.No.21015/2016 be pleased to
convicted the petitioner.
2. The petitioner No.2 submits that,
feeling aggrieved the order and judgment
passed by the court below the petitioner
herein preferred the appeal before the
Hon'ble CCH-63 in Crl.A.No.2095/2018,
that on 12-08-2021 the Hon'ble Sessions
court be pleased to confirmed the court
below judgment.
3. The petitioner No.2 submits that, both
the parties have amicably settled the
dispute out of court and settled the
amount as full and final settlement out of
the disputed cheque amount and the
respondent has agreed the same.
4. The petitioner No.2 submit that, the
petitioner was deposited the amount as per
this Hon'ble court and appellate court
below, the petitioners have no objection to
release the amount in favour of the
respondent.
5. Wherefore, the petitioner No.2 and the
respondent have respectfully prays that
this Hon'ble court be pleased to accord the
permission to compromise the above case
between the parties and set liberty to the
petitioner from the above case and
acquitted the petitioner No.2, in the
interest of justice and equity."
4. Parties are present and identified by their
respective counsel.
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5. On interaction, parties have stated that they have
been explained terms and conditions of settlement and after
understanding same, they have affirmed same out of their free
will and volition without there being any threat, coercion or
undue influence from anybody.
6. Application is duly signed by both parties, whose
signatures are identified by their respective counsel and
settlement is reported by them.
7. Perused application and same is taken on record.
8. In terms of settlement, this Criminal Revision
Petition is disposed of; concurrent judgment of conviction and
order of sentences dated 12.08.2021 passed by LXII Addl. City
Civil and Sessions Judge, Bengaluru (CCH-63), in
Crl.A.no.2095/2018 and dated 14.09.2018 passed by XVI
Additional Chief Metropolitan Magistrate, Bengaluru, in
C.C.no.21015/2016, are set-aside, acquitting petitioners of
offence alleged.
Trial Court is directed to release amount in deposit in
favour of respondent - complainant.
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In view of disposal of petition, I.A.no.1/2025 is allowed.
Registry to forthwith transmit TCR to Trial Court.
Sd/-
(RAVI V HOSMANI)
JUDGE
GRD
