Mr Ashish Jhunjhunwala Vs Abb Limited — Company and Corporate | Karnataka HC (2025)

Mr Ashish Jhunjhunwala Vs Abb Limited — Company and Corporate | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Revision petition disposed of as settled pursuant to the accepted joint memo; appellate judgment dated 23.07.2025 in Crl.A. No.25084/2022 and trial Court order dated 01.04.2022 in C.C No.54836/2016 set aside; petitioner acquitted under Section 138 NI Act; trial Court directed to release the deposited amount (Rs.6,29,000) in favour of the complainant (ABB Limited, now Hitachi Energy India Limited); Registry directed to transmit the trial Court record.

Issue for consideration

Whether the judgment dated 23.07.2025 passed by the LXXIII Addl. City Civil and Sessions Judge in Crl.A. No.25084/2022, confirming the Section 138 NI Act conviction in C.C No.54836/2016, should be set aside, and whether the revision petition could be disposed of on the basis of the settlement/joint memo arrived at between the parties.

Court's answer

The Court accepted the joint memo recording the settlement and disposed of the revision petition as settled, after verifying that the petitioner and respondent's representative understood and affirmed the compromise out of their free will, without threat, coercion or undue influence.

Ratio / Principle

The judgment dated 23.07.2025 of the LXXIII Addl. City Civil and Sessions Judge in Criminal Appeal No.25084/2022, confirming the order dated 01.04.2022 of the XXXIV Addl. Chief Metropolitan Magistrate in C.C No.54836/2016, was set aside and the petitioner was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

Key takeaways

Trial Court was directed to release the amount in deposit, if any, in favour of the complainant, and the Registry to transmit the trial Court record forthwith to enable the same.ratio¶¶67

Detailed headnote1 paragraphs

High Court of Karnataka (Ravi V Hosmani, J.), CRL.RP No.1258 of 2025, decided 17-12-2025 — Negotiable Instruments Act, S.138 — Revision petition (Ss.397/401 Cr.PC; Ss.438/442 BNSS) against judgment dated 23.07.2025 of LXXIII Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru in Crl.A. No.25084/2022 confirming conviction dated 01.04.2022 by XXXIV Addl. Chief Metropolitan Magistrate, Mayohall, in C.C No.54836/2016 (cheque No.082236 dated 28-12-2009 for Rs.15,00,000; trial Court fine Rs.31,25,000 reduced to Rs.30,00,000 on appeal). During pendency, parties filed a signed joint memo recording a full-and-final settlement of Rs.18,25,000 — comprising Rs.6,29,000 already deposited in trial Court (DD Nos.784941 Rs.3,24,000; 784942 Rs.3,00,000; 784930 Rs.5,000) plus Rs.11,96,000 paid fresh by DD Nos.534150 (Rs.4,00,000) and 534151 (Rs.7,96,000) — Court satisfied itself that parties entered the compromise freely and voluntarily, accepted the joint memo, disposed of the revision 'as settled', set aside the appellate judgment and trial Court conviction, acquitted the petitioner u/s.138 NI Act, directed trial Court to release the deposit in favour of the complainant (ABB Limited, renamed Hitachi Energy India Limited during pendency) and directed Registry to transmit trial Court record forthwith.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1258 OF 2025

BETWEEN:

MR ASHISH JHUNJHUNWALA EX-MANAGING DIRECTOR, AGED ABOUT 62 YEARS

S/O AMBIKA PRASAD JHUNWALA

RAMSARUP LOHH UDYOG LIMITED HASTINGS CHAMBERS, 1^ST AND 2^ND FLOOR, 7C KIRAN SHANKAR ROY ROAD KOLKATA - 700 001

MR. NAVEEN GUPTA, EX-DIRECTOR, AGED 52 YEARS, S/0 ASHOK KUMAR GUPTA

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

RAMSARUP LOHH UDYOG LIMITED

HASTINGS CHAMBERS, 1^ST AND 2^ND FLOOR, 7C KIRAN SHANKAR ROY ROAD KOLKATA-700 001

MR. AAYUSH LOHIA, EX-DIRECTOR, AGED ABOUT 45 YEARS, S/O SURESH KUMAR LOHIA RAMSARUP LOHH UDYOG LIMITED

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HASTINGS CHAMBERS, 1^ST AND 2^ND FLOOR, 7C KIRAN SHANKAR ROY ROAD KOLKATA - 700 001

…PETITIONERS

(BY SRI. RAGHAVENDRA REDDY C.R., ADVOCATE)

AND:

ABB LIMITED

A COMPANY UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 2^ND FLOOR, EAST WING, KHANIJA BHAVAN, 49 RACE COURSE ROAD, BANGALORE - 560 001 REPRESENTED BY ITS POWER OF ATTORNEY HOLDER EVS NARAYANA MURTHY

…RESPONDENT

(BY SRI. KEERTI KUMAR D. NAIK, ADVOCATE)

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO 1) SET ASIDE THE ORDER/JUDGEMENT DATED 23 JULY 2025, PASSED BY THE HONBLE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU IN CRL. APPEAL NO. 25084/2022 AND ETC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL ORDER

Challenging judgment dated 23.07.2025 passed by LXXIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru in Criminal Appeal No.25084/2022 confirming order dated 01.04.2022 passed by the Hon'ble 34^th Additional Chief Metropolitan Magistrate, Mayohall unit, Bangalore in C.C No.54836/2016, this revision petition is filed.

Learned counsel for parties submits that during pendency of revision petition there is settlement arrived at between parties, whereunder petitioner/accused has agreed to pay ₹ 18,25,000/- in full and final settlement of respondent's claim against accused under cheque in question.

It is stated that accused has deposited a total sum of ₹6,29,000/- before trial Court and accused has no objection for said amount being released in favour of respondent-complainant. Balance amount of

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₹ 11,96,000/- is paid by way of demand draft i.e., DD No.

534150 dated 11.12.2025 for ₹ 4,00,000/- and DD No. 534151 dated 11.12.2025 for ₹7,96,000/- drawn on Bank of Maharashtra. Demand drafts are handed over to authorised representative of respondent, who is present in

Court, who acknowledges receipt.

Joint memo reads as follows:-

"The petitioners/accused and respondent/complainant herein most respectfully submit as follows:-

The respondent/complainant has filed the case in CC No. 54836/2016 on the file of 34 ACMM, Mayohall at Bengaluru for Rs 15,00,000/-(fifteen lakh only) pertaining to cheque No. 082236 dated 28-12-2009 against the petitioner/accused for an offence punishable under the provisions of Negotiable Instruments Act and the Hon'ble Magistrate convicted the accused/petitioners herein dated 1-4-2022 and sentenced to pay a fine amount of Rs.31.25,000/- and in default to pay fine, the accused/petitioners herein shall undergo imprisonment for a period of 5 months for which the accused/petitioners herein filed Criminal appeal No. 25084/2022 before learned sessions Judge (CCH-74) and the appellate court reduced fine amount from Rs 31,25,000/- to 30,00,000/- (Thirty lakh only)

The accused/petitioners and complainant/respondent herein submit that later the accused/petitioners herein preferred a above criminal petition and this Hon'ble court vide its order dated 2-92025 modified that the accused/petitioners herein shall deposit 35% of the fine amount in addition to 20% of the amount already deposited.

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The petitioners/accused and complainant/respondent herein now at the intervention of well wishers and elders have settled the above matter for Rs 18,25,000/- (Eighteen lakh twenty five thousand only) including the amount already deposited before trail court, the petitioners/accused already deposited the amount before the trail court in the following manner:-

(a) DD bearing No.784941 drawn on Bank of Maharashtra, Kolkata NS Road dated 10-8-2022 for Rs 3,24,000/-(Three lakh two four thousand only)

(b) DD bearing No.784942 drawn on Bank of Maharashtra, Kolkata NS Road dated 10-8-2022 for Rs 3,00,000/-(Three lakh only)

(c) DD bearing No. 784930 drawn on Bank of Maharashtra, Kolkata NS Road dated 10-5-2022 for Rs 5,000/- (five thousand only) to state expenses and accordingly the accused/Petitioners agreed and undertakes to pay Remaining amount of Rs 11,96,000/(Eleven lakh Ninty six thousand only) to the complainant/respondent herein as full and final settlement in the following manner:

(a) That the accused/petitioners agreed to pay remaining balance amount of Rs 11,96,000/- (Eleven lakh Ninty six thousand only) in favour of complainant/respondent herein named as Hitachi Energy India, Limited. bearing DD No. 534150 dated 11/12/25 for Rs 4,00,000/- and DDNO.534151 dated 11/12/25 for Rs.7,96,000/(Seven lakh Ninty Six Thoufeind Only drawn on Bank of Maharashtra, Kolkata, N.S.Road Branch as full and final settlement.

(b) The accused/petitioners herein already deposited the above said amount before the trail court and the accused/petitioners has no objection to release the said deposited amount in the name of complainant/respondent herein namely (new name) Hitachi Energy India, Limited.

(c) The petitioners and respondent submit that earlier complainant/respondent herein name was ABB Limited and now during the pendency of the petition complainant/respondent herein name is changed as Hitachi Energy India, Limited. Hence the deposit amount be released in the name of Hitachi Energy India, Limited.

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(d) That the complainant/respondent has no objection to withdraw/close the above case i.e Criminal Rev Petition No. 1258/2025 pertaining cheque bearing No. 082236 dated 28-122009 (CC No. 54836/2016).

(e). Both the parties have signed this joint memo without any force, coercion or threat and entered into out of their free will. Hence this Joint Memo."

Petitioner is present through video conference and authorised representative of respondent is present

physically. They are identified by their respective counsel.

On interaction, they submit that terms of settlement have been explained to them and after understanding same, compromise petition is entered into, they have affirmed it out of their free will and volition without there being any threat, coercion or undue influence from anybody.

Joint Memo is accepted and Revision Petition is disposed of as settled. Judgment dated 23.07.2025 passed by LXXIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru in Criminal Appeal No.25084/2022 confirming order dated 01.04.2022

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passed by XXXIV Additional Chief Metropolitan Magistrate, Mayohall unit, Bangalore in C.C No.54836/2016 is set aside. Petitioner is acquitted of offence punishable under Section 138 of Negotiable Instruments Act.

Trial Court is directed to release amount in deposit, if any, in favour of complainant. Registry is directed to transmit Trial Court Record forthwith to enable same.

Sd/(RAVI V HOSMANI) JUDGE

VS List No.: 1 Sl No.: 47