[Cites 3, Cited by 0]
Karnataka High Court
M/S Sukritha Buildmann (P) Ltd vs M/S R D C Concrete (India) Pvt Ltd on 23 February, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2026:KHC:11221
CRL.RP No. 174 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 174 OF 2026
BETWEEN:
1. M/S SUKRITHA BUILDMANN (P) LTD
NO.27, 2ND FLOOR BUILDMANN DEVIKRUPPA
SATHYANARAYANA TEMPLE ROAD
ULSOOR, BENGALURU - 560 014
REPRESENTED BY MANAGING DIRECTOR
ASHWIN BALASUBRAMANIAN.
2. ASHWIN BALASUBRAMANIAN
MANAGING DIRECTOR
M/S SUKRITHA BUILDMANN (P) LTD
NO.27, 2ND FLOOR BUILDMANN
DEVIKRUPPA SATHYANARAYANA
TEMPLE ROAD, ULSOOR
BENGALURU - 560 001.
...PETITIONERS
(BY SRI DILIP KUMAR I.S, ADV.)
AND:
Digitally
signed by M/S R.D.C. CONCRETE (INDIA) PVT LTD
NANDINI M S
NO.37B, DODDANEKUNDI
Location:
HIGH COURT INDUSTRIAL AREA, 1ST PHASE
OF WHITEFIELD ROAD, BENGALURU - 560 048
KARNATAKA
REPRESENTED BY DEPUTY MANAGER
CREDIT CONTROL FRANCIS R
GED ABOUT 39 YEARS
S/O P. RAYAPPA.
...RESPONDENT
(BY SRI ANSHUMAN A, ADV.)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S
438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT DATED
05.04.2022 PASSED BY XIV A.C.M.M MAYO HALL BENGALURU IN
C.C.NO.56467/2019 FOR THE OFFENCE P/U/S 138 OF N.I ACT 1881
PRODUCED AS ANNEXURE-A WHICH IS CONFIRMED BY THE XXVI
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NC: 2026:KHC:11221
CRL.RP No. 174 of 2026
HC-KAR
ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU AT CCH-20 IN
CRL.A.NO.25090/2022 DATED 29.08.2025 PRODUCED AS
ANNEXURE-B AND CONSEQUENTLY ACQUIT THE ACCUSED FOR THE
OFFENCE P/U/S 138 OF N.I ACT 1881.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused are before this Court in this revision petition filed
under Sections 397 read with 401 Cr.PC with a prayer to set
aside the judgment and order of conviction and sentence dated
05.04.2022 passed by the Court of XIV Addl. Chief Metropolitan
Magistrate, Bengaluru, in CC.No.56467/2019 and the judgment
and order dated 29.08.2025 passed by the Court of XXVI Addl.
City Civil & Sessions Judge, Bengaluru, in Crl.A.No.25090/2022.
2. Learned Counsel for the parties jointly submit that the
dispute between the parties has been settled amicably outside
the court during the pendency of this revision petition and a
settlement agreement was also executed between the parties
on 08.01.2026. They submit that the parties today have filed
an application under Section 320(8)0 read with 482 of Cr.PC
with a prayer to permit the parties to compound the offences
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for which the petitioners have been convicted and sentenced by
the courts below.
3. The parties who are present before the court are
identified by their respective advocates and it is submitted that
the settlement arrived between the parties is voluntary, without
there being any undue influence and coercion. The application
filed before the court is supported by the affidavit of the
petitioner no.2/accused no.2 and also the affidavit of the
authorized representative of the complainant-company along
with the copy of the Board resolution of the respondent-
company. The same is taken on record. In paragraphs 3 to 5 of
the affidavit which is filed on behalf of the respondent-
complainant by its authorized representative, it is stated as
under:
"3. I affirm that after the order was passed by the
appellate court, the petitioner and me were in settlement
talks and the after the discussion of the settlement, both
of us agreed to resolved the disputed amicably wherein
the petitioner and me have mutually agreed to settle the
matter in full and final.
4. I affirm that on 08-01-2026 the petitioner and
me entered into a settlement agreement at Annexure C
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wherein the petitioner had paid a sum Rs.10,00,000/- to
me which I have duly acknowledged the same.
5. I affirm that since the matter has been settled
amicably outside the court through settlement
agreement, both the parties have agreed to compound
the offence through this Compromised petition as the
offence under section 138 of NI, Act, 1881 is
compoundable offence."
4. Mr. Elaiyaraja who has filed affidavit on behalf of the
respondent-complainant is present before the Court and he
admits that the entire amount of Rs.10 lakhs which was agreed
to be received as per the terms of the settlement agreement
has been paid by the petitioners.
5. Under the circumstances, I am of the opinion that this
criminal revision petition is required to be disposed of in terms
of the settlement arrived between the parties, and the
impugned judgment and order of conviction and sentence
passed by the courts below is required to be set aside.
Accordingly, the following order:
6. Criminal revision petition is allowed. The impugned
judgment and order of conviction and sentence dated
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05.04.2022 passed by the Court of XIV Addl. Chief Metropolitan
Magistrate, Bengaluru, in CC.No.56467/2019 and the judgment
and order dated 29.08.2025 passed by the Court of XXVI Addl.
City Civil & Sessions Judge, Bengaluru, in Crl.A.No.25090/2022,
is set aside. Petitioners are acquitted of the offence punishable
under Section 138 of the N.I.Act. Their bail bonds, if any,
stands cancelled.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KK
