Allowed

Sri Ashish Bhandari v. M/S Winstar Fashions Pvt. Ltd.

Karnataka HC18 Aug 2021CRL.RP/761/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed five criminal revision petitions filed under Sections 397 and 401 Cr.P.C. to set aside convictions for cheque dishonour. Upon filing a joint compromise under Section 138 of the Negotiable Instruments Act with full settlement payment, the Court acquitted the petitioners, set aside the conviction and sentence, and cancelled bail bonds.

What did the court decide?

Criminal Revision Petitions allowed; Conviction and sentence under Section 138 N.I. Act set aside; Petitioners acquitted; Bail bonds cancelled; Trial Court directed to release recovery.

Sri Ashish Bhandari Vs M/S Winstar Fashions Pvt. Ltd. — Cheque Dishonour | Karnataka HC (2021)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 18^TH DAY OF AUGUST, 2021

¶3

BEFORE

¶4

THE HON'BLE MR. JUSTICE K. NATARAJAN

¶5

CRIMINAL REVISION PETITION No.763/2020 C/w. CRIMINAL REVISION PETITION No.753/2020, CRIMINAL REVISION PETITION No.755/2020, CRIMINAL REVISION PETITION No.761/2020, CRIMINAL REVISION PETITION No.764/2020

¶6

Crl.R.P.No.763/2020 :

¶7

BETWEEN:

¶8

Sri Mahendra Bhandari, @ Mahendra Kumar Bhandari, Son of Late Vastimalji, Aged about 63 years, Residing at No.434, 1^st Floor, 7^th B Main road, 4^th Block, Jayanagar, Bengaluru-560 010.

¶9

Also At :

¶10

Sri Mahendra Bhandari, Son of Late Vastimalji, King Fashions, Aged about 63 years, No.20/01, Ground Floor, 1^st A Main Road, Sudhamanagar, Bengaluru-560 027.

¶11

.. Petitioner

¶12

¶13

( By Sri Venkatesh C. Sharma, Advocate )

¶14

AND:

¶15

M/s. Winstar Fashions Pvt. Ltd., A Company registered under the Provisions of Companies Act, and having its registered office at: No.1031/B, “Om Nivas”, Dr.Rajkumar Road, 4^th Block, Rajajinagar, Bengaluru-560 010.

¶16

Represented by its Directors:-

¶17

Sri Arvind Kumar N. Shah, Son of Late Nemchand R. Shah, Aged about 72 years,

¶18

Smt.Meena A. Shah, D/o Late Munilal Shah, W/o. Sri Arvind N. Shah, Aged about 77 years,

¶19

Brijesh A. Shah, Son of Sri Arvindkumar N. Shah, Aged about 42 years,

¶20

Sri Jinesh A. Shah, Son of Sri Arvind N. Shah, Aged about 44 years,

¶21

Represented by

¶22

As per Resolution of passed in Company’s Board Meeting Dated 15.11.2018.

¶23

Letter of Authority Holder Sri Sukhraj Bhandari,

¶24

¶25

Son of Late Dhanaji bhandari, Aged about 69 years, Residing at No.64/01, Model House Street, Basavanagudi, Bengaluru-560 004. .. Respondents

¶26

( By Sri L.Ashok Kumar, Advocate)

¶27

This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C. praying to set aside the judgment dated 03.03.2020, passed by the LXIV Addl.City Civil and Sessions Judge (CCH-65) at Bengaluru, in Criminal Appeal No.191/2019 and be pleased to set aside the judgment and sentence passed by the XXV Addl.Chief Metropolitan Magistrate, at Bengaluru, in C.C.No.12846/2013, dated 07.01.2019, and be pleased to acquit the petitioner of the offence charged with.

¶28

Crl.R.P.No.753/2020 :

¶29

BETWEEN:

¶30

Sri Ashish Bhandari, Son of Sri Mahendra Bhandari, Aged about 34 years, Residing at No.434, 1^st Floor, 7^th B Main road, 4^th Block, Jayanagar, Bengaluru-560 010.

¶31

Also At :

¶32

Sri Ashish Bhandari, Son of Late Vastimalji, King Fashions, Aged about 34 years, No.20/01, Ground Floor, 1^st A Main Road,

¶33

¶34

Sudhamanagar, Bengaluru-560 027. .. Petitioner

¶35

( By Sri Venkatesh C. Sharma, Advocate ) AND:

¶36

¶37

Represented by its Directors:-

¶38

Sri Arvind Kumar N. Shah, Son Late Nemchand R. Shah, Aged about 72 years,

¶39

Smt.Meena A. Shah, D/o Late Munilal Shah, W/o. Sri Arvind N. Shah, Aged about 70 years,

¶40

Brijesh A. Shah,

¶41

Son of Sri Arvindkumar N. Shah, Aged about 42 years,

¶42

Sri Jinesh A. Shah, Son of Sri Arvind N. Shah, Aged about 39 years,

¶43

Represented by

¶44

As per Resolution of passed in Company’s Board Meeting Dated 15.11.2018.

¶45

¶46

Letter of Authority Holder Sri Sukhraj Bhandari, Son of Late Dhanaji bhandari, Aged about 64 years, Residing at No.64/01, Model House Street, Basavanagudi, Bengaluru-560 004. .. Respondents

¶47

( By Sri L.Ashok Kumar, Advocate)

¶48

This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C. praying to set aside the judgment dated 03.03.2020, passed by the LXIV Addl.City Civil and Sessions Judge (CCH-65) at Bengaluru, in Criminal Appeal No.187/2019 and be pleased to set aside the judgment and sentence passed by the XXV Addl.Chief Metropolitan Magistrate, at Bengaluru, in C.C.No.17004/2013, dated 07.01.2019, and be pleased to acquit the petitioner of the offence charged with. Crl.R.P.No.755/2020 :

¶49

BETWEEN:

¶50

Sri Mahendra Bhandari, @ Mahendra Kumar Bhandari, Son of Late Vastimalji, Aged about 60 years, Residing at No.434, 1^st Floor, 7^th B Main road, 4^th Block, Jayanagar, Bengaluru-560 010.

¶51

Also At :

¶52

Sri Mahendra Bhandari, Son of Late Vastimalji,

¶53

¶54

King Fashions, Aged about 60 years, No.20/01, Ground Floor, 1^st A Main Road, Sudhamanagar, Bengaluru-560 027. .. Petitioner ( By Sri Venkatesh C. Sharma, Advocate ) AND:

¶55

¶56

Represented by its Directors:-

¶57

Sri Arvind Kumar N. Shah, Son Late Nemchand R. Shah, Aged about 72 years,

¶58

Smt.Meena A. Shah, D/o Late Munilal Shah, W/o. Sri Arvind N. Shah, Aged about 70 years,

¶59

Brijesh A. Shah, Son of Sri Arvindkumar N. Shah, Aged about 42 years,

¶60

Sri Jinesh A. Shah, Son of Sri Arvind N. Shah, Aged about 39 years,

¶61

¶62

Represented by As per Resolution of passed in Company’s Board Meeting Dated 15.11.2018.

¶63

Letter of Authority Holder Sri Sukhraj Bhandari, Son of Late Dhanaji bhandari, Aged about 64 years, Residing at No.64/01, Model House Street, Basavanagudi, Bengaluru-560 004. .. Respondents ( By Sri L.Ashok Kumar, Advocate)

¶64

This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C. praying to set aside the judgment dated 03.03.2020, passed by the LXIV Addl.City Civil and Sessions Judge (CCH-65) at Bengaluru, in Criminal Appeal No.188/2019 and be pleased to set aside the judgment and sentence passed by the XXV Addl.Chief Metropolitan Magistrate, at Bengaluru, in C.C.No.16176/2013, dated 07.01.2019, and be pleased to acquit the petitioner of the offence charged with.

¶65

Crl.R.P.No.761/2020 :

¶66

BETWEEN:

¶67

Sri Ashish Bhandari, Son of Sri Mahendra Bhandari, Aged about 34 years, Residing at No.434, 1^st Floor, 7^th B Main road, 4^th Block, Jayanagar, Bengaluru-560 010.

¶68

¶69

Also At :

¶70

Sri Ashish Bhandari, Son of Late Vastimalji, King Fashions, Aged about 34 years, No.20/01, Ground Floor, 1^st A Main Road, Sudhamanagar, Bengaluru-560 027. .. Petitioner ( By Sri Venkatesh C. Sharma, Advocate ) AND:

¶71

¶72

Represented by its Directors:-

¶73

Sri Arvind Kumar N. Shah, Son Late Nemchand R. Shah, Aged about 72 years,

¶74

Smt.Meena A. Shah, D/o Late Munilal Shah, W/o. Sri Arvind N. Shah, Aged about 70 years,

¶75

Brijesh A. Shah, Son of Sri Arvindkumar N. Shah, Aged about 42 years,

¶76

¶77

Sri Jinesh A. Shah, Son of Sri Arvind N. Shah, Aged about 39 years,

¶78

Represented by As per Resolution of passed in Company’s Board Meeting Dated 15.11.2018.

¶79

¶80

This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C. praying to set aside the judgment dated 03.03.2020, passed by the LXIV Addl.City Civil and Sessions Judge (CCH-65) at Bengaluru, in Criminal Appeal No.189/2019 and be pleased to set aside the judgment and sentence passed by the XXV Addl.Chief Metropolitan Magistrate, at Bengaluru, in C.C.No.16052/2013, dated 07.01.2019, and be pleased to acquit the petitioner of the offence charged with.

¶81

Crl.R.P.No.764/2020 :

¶82

BETWEEN:

¶83

Sri Mahendra Bhandari, @ Mahendra Kumar Bhandari, Son of Late Vastimalji, Aged about 60 years, Residing at No.434,

¶84

¶85

1^st Floor, 7^th B Main road, 4^th Block, Jayanagar, Bengaluru-560 010.

¶86

Also At :

¶87

Sri Mahendra Bhandari, Son of Late Vastimalji, King Fashions, No.20/01, Ground Floor, 1^st A Main Road, Sudhamanagar, Bengaluru-560 027. .. Petitioner ( By Sri Venkatesh C. Sharma, Advocate ) AND:

¶88

¶89

Represented by its Directors:-

¶90

Sri Arvind Kumar N. Shah, Son Late Nemchand R. Shah, Aged about 72 years,

¶91

Smt.Meena A. Shah, D/o Late Munilal Shah, W/o. Sri Arvind N. Shah, Aged about 70 years,

¶92

¶93

Brijesh A. Shah, Son of Sri Arvindkumar N. Shah, Aged about 42 years,

¶94

Sri Jinesh A. Shah, Son of Sri Arvind N. Shah, Aged about 39 years, Represented by As per Resolution of passed in Company’s Board Meeting Dated 15.11.2018. Letter of Authority Holder Sri Sukhraj Bhandari, Son of Late Dhanaji bhandari, Aged about 64 years, Residing at No.64/01, Model House Street, Basavanagudi, Bengaluru-560 004. .. Respondents ( By Sri L.Ashok Kumar, Advocate)

¶95

This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C. praying to set aside the judgment dated 03.03.2020, passed by the LXIV Addl.City Civil and Sessions Judge (CCH-65) at Bengaluru, in Criminal Appeal No.190/2019 and be pleased to set aside the judgment and sentence passed by the XXV Addl.Chief Metropolitan Magistrate, at Bengaluru, in C.C.No.18808/2013, dated 07.01.2019, and be pleased to acquit the petitioner of the offence charged with.

¶96

These Criminal Revision Petitions are coming on for Orders , this day, the Court made the following:

¶97

¶98

ORDER

¶99

The petitioners/accused have filed these petitions under Section 397 of Cr.P.C., for setting aside the judgment of conviction and order on sentence passed by the learned XXV Addl.Chief Metropolitan Magistrate, Bengaluru, (hereinafter referred to as trial Court), in C.C.No.12846/2013 (in Criminal Revision Petition No.763/2020), C.C.No.17004/2013 (in Criminal Revision Petition No.753/2020), C.C.No.16176/2013 (in Criminal Revision Petition No.755/2020), C.C.No.16052/2013 (in Criminal Revision Petition No.761/2020) and in C.C.No.18808/2013 (in Criminal Revision Petition No.764/2020), all dated 07.01.2019, for having convicted and sentenced for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereafter referred to as N.I.Act').

¶100

Being aggrieved by the judgment of conviction and order on sentence passed by the trial Court, the petitioners/accused have filed Criminal Appeal Nos.191/2013,

¶101

¶102

187/2019, 188/2019, 189/2019 and 190/2019 respectively before the learned LXIV Addl.City Civil & Sessions Judge (CCH-65), Bengaluru, which Court by its order dated 03.03.2020, confirmed the order passed by the trial Court. Being aggrieved by the same, the petitioners/accused have filed these Criminal Revision Petitions.

¶103

Today, when the matter is taken up, the petitionerMr.Mahendra Kumar Bhandari, as well as Mr.Brijesh A. Shah, one of the Director of the respondent-Company, are present before the Court and they are identified by their respective learned counsels.

¶104

During the pendency of these petitions, the petitioners, as well as respondent-complainant have filed a joint compromise application i.e., IA.No.2/2021, under Section 147 of N.I.Act. The respondents have also produced the Board Resolution passed by the Company, by appointing Sri Brijesh A. Shah as the authorised signatory of the Company.

¶105

¶106

As per the terms of the compromise petition entered into between the parties, petitioners/accused have agreed to pay a sum of Rs.50 lakhs to the respondents as a full and final settlement of all claims arising both in civil and criminal cases. Out of which, a sum of Rs.39 lakhs has been paid by way of Demand Draft bearing No.496398, drawn on Yes Bank Ltd., in favour of the respondent.

¶107

It is further stated in the application that the petitioners/accused have issued a cheque bearing No.088886, dated 30.11.2021, for a sum of Rs.2 lakhs, in favour of the respondent-complainant, the receipt of which has been acknowledged by the complainant in the Court.

¶108

It is further stated in the application that a sum of Rs.9,25,000/- is already deposited in the trial Court as per the orders passed by the Appellate Court as well as this Court. Out of the said amount of Rs.9,25,000/-, a sum of Rs.9 lakhs shall be released in favour of the respondentcomplainant and Rs.25,000/- shall be remitted to the State exchequer.

¶109

¶110

Learned counsel from both side made their supporting submissions as per the joint compromise application and the said submissions are taken on record.

¶111

In view of the compromise entered into between the parties, IA.No.2/2021 is allowed.

¶112

Consequently, these Criminal Revision Petitions are allowed and the judgment of conviction and order of sentence passed by the learned XXV Addl.Chief Metropolitan Magistrate, Bengaluru, in C.C.No.12846/2013, C.C.No.17004/2013, C.C.No.16176/2013 C.C.No. 16052/2013 and in C.C.No. 18808/2013, all dated 07.01.2019, which judgment of conviction and order on sentence has been confirmed by the learned LXIV Addl.City Civil & Sessions Judge (CCH-65), Bengaluru, in Criminal Appeal Nos.191/2013, 187/2019, 188/2019, 189/2019 and 190/2019, all dated 03.03.2020, are hereby set aside. The petitioners are acquitted for the offence punishable under Section 138 of N.I.Act. The bail bonds stands cancelled.

¶113

¶114

The trial Court is directed to release a sum of Rs.9 lakhs in favour of the respondent-complainant out of a sum of Rs.9,25,000/- and Rs.25,000/- shall be remitted to the State exchequer.

¶115

SD/JUDGE

¶116

bk/

Sri Ashish Bhandari v. M/S Winstar Fashions Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Sri Ashish Bhandari v. M/S Winstar Fashions Pvt. Ltd.

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

Similar cases

Sri P Ramesh Vs Sri a Murugesh

Pazhaniyappa Vellumayil Vs State of Karnataka

Mohiddin Vs the State of Karnataka

Sri. M Ramachandra Vs M/S West Line Constructions

Smt. Munirathnamma Vs State of Karnataka

Sri. G K Chandrashekar Vs State of Karnataka