Partly allowed

M/S Techsine Pvt. Ltd. v. Bunty K Mehta

Karnataka HC4 Aug 2022CRL.RP/116/2019

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of two criminal revision petitions filed in proceedings under S.138 NI Act based on joint settlement memos. The court accepted the settlement agreement but restored the sentencing order against a petitioner who failed to fulfill the installment terms.

What did the court decide?

Revision petitions allowed for the settled parties; order of conviction and sentence restored against petitioner K.S. Ashwathnarayana due to default in payment.

M/S Techsine Pvt. Ltd. Vs Bunty K Mehta — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF AUGUST, 2022 BEFORE

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THE HON’BLE MR. JUSTICE V. SRISHANANDA

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CRL.RP. No.1435/2018 C/W CRL.RP. No.116/2019

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IN CRL.RP NO.1435/2018

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BETWEEN

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SRI. ARUN KUMAR AGED ABOUT 52 YEARS, S/O LATE LINGAIAH, DIRECTOR, M/S TECHSINE E.Q.PVT LTD., NO.26/D, PEENYA 2ND PHASE, BENGALURU-560058.

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...PETITIONER (BY SRI D.R.RAVISHANKAR, SR.COUNSEL FOR SRI NAVEEN FOR SRI MOHAN MAHABALESHWAR BHAT, ADVOCATES)

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AND

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SRI. BUNTY K MEHTA AGED ABOUT 32 YEARS, S/O KRITI MEHTA, PROPRIETOR, F.S. ENTERPRISES, SY NO.58, ANDRAHALLI MAIN ROAD, YESHWANTHPURA HOBLI, BENGALURU-560091 (BY SRI M R BALAKRISHNA, ADVOCATE)

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...RESPONDENT

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO REVERSE AND SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 03.07.2017, PASSED BY THE LEARNED XXVII ACMM, BANGALORE IN C.C.NO.3521/2015, AND THE ORDER CONFIRMING THE SAME DATED 05.12.2018, PASSED BY THE LEARNED LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-64) AT BANGALORE IN CRL.A.NO.1057/2017 AND FURTHER BE PLEASED TO ACQUIT THE ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I ACT.

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IN CRL.RP. No.116/2019

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BETWEEN

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1 . M/S TECHSINE PVT LTD NO-26-D PEENYA 2ND PHASE BENGALURU-560058 REPRESENTED BY ITS MANAGING DIRECTOR MR K.S. ASHWATHNARAYANA

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ALSO AT TPC TECHNO POWER CORPORATION LTD., UNIT NO.02, 25-A, 2^ND PHASE, PEENYA INDUSTRIAL AREA BENGALURU-560058

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2 . MR K S ASHWATHNARAYANA S/O K SRINIVAS RAO OCC:MANAGING DIRECTOR AGED 48 YEARS, M/S TECHSINE PVT LTD NO.26-D, PEENYA 2ND PHASE BENGALURU-560058

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ALSO AT TPC TECHNO POWER CORPORATION LTD.,

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UNIT NO.02, 25-A, 2^ND PHASE, PEENYA INDUSTRIAL AREA BENGALURU-560058

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...PETITIONERS

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(BY SRI C.H.JADHAV, SR.COUNSEL, FOR SRI SHRISHACHANDRA.A.C AND SMT.RASHMI JADHAV, ADVOCATES)

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AND

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BUNTY K MEHTA S/O KIRTI MEHTA AGED 32 YEARS, PROPRIETOR F.S. ENTERPRISES ANDRALLI MAIN ROAD, YESHWANTHPURA HOBLI BENGALURU-560091

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...RESPONDENT

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(BY SRI M R BALAKRISHNA, ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SETTING ASIDE THE ORDER PASSED BY THE LEARNED LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRL.A.NO.1062/2017 DATED 05.12.2018 THEREBY CONFIRMING THE JUDGMENT AND ORDER PASSED BY THE LEARNED XXVII A.C.M.M., BANGALORE IN C.C.NO.3521/2015 DATED 03.07.2017 FOR THE OFFENCE P/U/S 138 OF N.I ACT AND SENTENCING THEM TO PAY SUM OF RS.1,00,00,000/(ONE CRORE RUPEES ONLY) AND IN DEFAULT OF PAYMENT OF FINE AMOUNT ACCUSED TO SUFFER S.I FOR A PERIOD OF 6 MONTHS WITH A DEFAULT CLAUSE.

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THESE PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Case called out. Parties are present. They present joint memos in each of the petitions separately.

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Contents of the joint memo is explained to the parties. They submit that there is no force or undue influence or coercion in reaching out in terms of settlement. Accordingly, there is no impediment for this Court to accept the joint memos and dispose of these revision petitions in terms of joint memos.

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Joint memo in Crl.R.P.No.1435/2018 reads as

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under:

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"The Petitioner and the Respondent jointly submit as under

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The Petitioner was arraigned as Accused No.3 in CC No.3521/2015 on the file of 27th ACMM at Bengaluru, filed by the Respondent / Complainant alleging offence punishable under Section 138 NI Act for the cheque bearing No. 607172, amounting to Rs.77,25,046/dated 04.09.2014, drawn on Punjab National Bank, Peenya Branch, Bangalore.

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The Accused No.1 in CC No. 3521/2015 is M/s Techsine E.Q. Pvt Ltd., a Private Limited Company, registered under the provisions of Companies Act, 1956, and Accused No.2 is the Managing Director and Accused No.3 is one of the Director of the said Company.

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The above Criminal Revision Petition is preferred by the Petitioner being aggrieved by the order of the learned 27 ACMM dated 03.07.2017 and the confirmation of the conviction order by Appellate Court in Crl.Appeal No.1057/2017 dated 05.12.2018.

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The Petitioner is admittedly not the signatory of the cheque, but in order to give a quietus to the litigation, the Petitioner and the Respondent have agreed to settle the case as per the terms hereunder.

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That M/s Techsine E.Q. Pvt Ltd, the Accused No.1 in CC No.3521/2015, represented by Accused No.2 as Managing Director, has agreed to pay a sum of Rs. 70,00,000/(Rupees Seventy Lakhs Only) to the Complainant as full and final settlement towards the cheque bearing No. 607172, amounting to Rs.77,25,046/dated 04.09.2014, drawn on Punjab National Bank, Peenya Branch, Bangalore.

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That the Petitioner, being the Accused No.3, has agreed and consented to the withdrawal of Rs.15,00,000/(Rupees

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Fifteen Lakhs Only) deposited by him before the 27th ACMM at Bengaluru, by the Respondent towards the payment of Rs.70,00,000/Admittedly, the said amount of Rs.15,00,000/has already been withdrawn by the Respondent and the Respondent acknowledges the receipt of the said amount.

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�

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That the Accused No.2, who has also preferred Crl.RP.No.116/2019 has agreed to pay the balance sum of Rs.55,00,000/(Rupees Fifty Five Lakhs Only) as per the joint memo filed today in the Crl. RP No. 116/2019. The Petitioner is not liable for the said sum.

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�

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That the Petitioner and the Respondent agree that there shall be no further claims against the Petitioner arising out the cheque bearing No.607172, amounting to Rs.77,25,046/- dated 04.09.2014, drawn on Punjab National Bank, Peenya Branch, Bangalore.

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WHEREFORE, the Petitioner and the Respondent, most respectfully pray that this Hon'ble Court may be pleased to allow the Criminal Revision Petition in terms of this joint memo, in the ends of justice and equity."

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4. Joint memo in Crl.RP No.107/2019 reads as

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under;

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" The Petitioners and Respondent jointly submit as follows:

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That the Petitioners herein was arraigned as an Accused No.1 in CC No.3521/2015, represented by Accused No.2 as Managing Director, has agreed to pay a sum of Rs.70,00,000/- (Rupees Seventy Lakhs Only) to the Respondent herein as full and final settlement towards the cheque bearing No. 607172, amounting to Rs.77,25,046/- dated 04.09.2014, drawn on Punjab National Bank, Peenya Branch, Bengaluru.

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That the Petitioner being arraigned as Accused No.2, had deposited Rs.25,00,000/in 27th ACMM at Bangalore and the same has been withdrawn by the Respondent and the Respondent acknowledges the receipt of the said amount. Further, a sum of Rs.5,00,000/- to the Respondent was paid by the Petitioner and the same has been encashed by the Respondent. The said fact is also recorded in the order of this Hon'ble Court dated 24.06.2022.

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That the Petitioner herein has agreed to pay the balance amount of Rs.27,75,000/- (Rupees Twenty seven Lakhs Seventy Five Thousand Only) twice in a month, with a gap of fifteen days, within Three Months staring this 30th August 2022. The said amount will be paid to the Respondent through RTGS to his bank account.

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That the Petitioner and Respondent agree that there shall be no further claims against the Petitioner arising out of the cheque bearing no.607172, amounting to Rs.77,25,046/- dated 04.09.2014, drawn on Punjab National Bank, Peenya Branch, Bengaluru.

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WHEREFORE, the Petitioner and the Respondent most respectfully pray that this Hon'ble Court may be pleased to allow the Criminal Revision Petition in terms of this joint memo, in the interest of justice and equity."

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Placing the joint memos on record, these revision petitions stands disposed of. Amount in deposit is ordered to be withdrawn by the respondent - complainant under due identification.

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However, the instalments mentioned in the joint memo is not fulfilled by the revision petitioner in Crl.R.P.No.116/2019, the order of the learned Magistrate stands restored.

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Sd/JUDGE

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M/S Techsine Pvt. Ltd. v. Bunty K Mehta

Case brief

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M/S Techsine Pvt. Ltd. v. Bunty K Mehta

Case brief

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