Partly allowed

M/S Ntec Electricals v. M/S Assoicated Electrical Agncies

Karnataka HC6 Aug 2021CRL.RP/289/2019

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision petition challenging an acquittal under Section 138 NI Act. The court accepted a settlement offer where the complainant would withdraw 50% deposited amount and granted four weeks' time for the remaining 50%, leading to the setting aside of the conviction order.

What did the court decide?

Petitioner set aside; convicted order quashed; accused acquitted subject to depositing balance 50% cheque amount within four weeks.

M/S Ntec Electricals Vs M/S Assoicated Electrical Agncies — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON’BLE Mr. JUSTICE V. SRISHANANDA

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Criminal Revision Petition No.289 OF 2019

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BETWEEN:

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M/s. NTEC ELECTRICALS No.108, 3^rd Main, Near Ganesh Bhavan, Hanumathanagar, Bengaluru – 560019.

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Rept. By its Proprietor, Sri. Kumar. M.T. S/o. Thyagaraj.

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..Petitioner

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(By Sri. Dushyanth Aradhya H.C., Advocate)

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AND:

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M/s. ASSOICATED ELECTRICAL AGNCIES, No.309, 10^th Cross, Wilson Garden, Bengaluru – 560027. Rept. By its Manager, A. Haridas.

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.. Respondent

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(By Sri. G. Manivannan, Advocate)

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This Crl.R.P. is filed under Section 397 r/w. 401 of the Code of Criminal Procedure, 1973, praying to call for the entire records in C.C.No.8897/2015 disposed on the file of XXVII A.C.M.M. Bengaluru and to set aside the orders dated 04-04-2017 and set aside the orders passed by the LXVI Additional City Civil and Sessions Judge, at Bengaluru CCH-67 in Crl.A. No.640/2017 dated 01-02-2019 to acquit the petitioner of the charge under Section 138 of the N.I. Act, in the ends of justice and equity.

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This Crl.R.P. coming on for Admission, through Physical Hearing/Video Conferencing Hearing this day, the Court made the following:

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O R D E R

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Heard Sri. Dushyanth Aradhya H.C., learned counsel for the revision petitioner/accused and Sri. G. Manivannan, learned counsel for the respondent/complainant.

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The matter is at the stage of admission. At this stage, after hearing the matter on merits, learned counsel for the revision petitioner makes an offer that 50% of the cheque amount that has already been deposited before the Magistrate Court may be ordered to be withdrawn by the complainant and for the payment of the balance 50% of the cheque amount, four weeks’ time may be granted.

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The said submission of the learned counsel for the revision petitioner is accepted by Sri. G. Manivannan, learned counsel for the respondent/complainant.

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Both the learned counsels submit that in this regard, they have filed a memo in the registry today. The same is placed on record.

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Based on the submissions made and the statements made in the memo filed by the learned counsels for the parties today, the present revision petition is disposed of by permitting the complainant to withdraw the 50% of the cheque amount said to have been already deposited by the accused in the Magistrate Court and granting four weeks’ time to pay the balance 50% of the cheque amount in the present case.

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Subject to the payment of the balance 50% of the cheque amount, i.e. `63,797/-, within a period of four weeks from today, the conviction order passed by the Trial Court and confirmed by the first appellate Court stands set aside and the accused stands acquitted.

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In the event of the accused depositing the balance 50% of the cheque amount, i.e. `63,796/- within four

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weeks from today, the complainant is entitled to withdraw

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the same.

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Registry to transmit a copy of this order to both the

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Trial Court and also to the Sessions Judge’s Court along with their respective records immediately.

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Sd/JUDGE

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BMV*

M/S Ntec Electricals v. M/S Assoicated Electrical Agncies

Case brief

What is this about?

What did the court decide?

M/S Ntec Electricals v. M/S Assoicated Electrical Agncies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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