M/S Pavithra Hardware and Electricals v. M/S Gulshan Trading Company

Karnataka HC4 Mar 2025CRL.RP/293/2025

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru; Justice Mohammad Nawaz; CRL.RP No. 293 of 2025; decided 04-03-2025; criminal revision petition dismissed as withdrawn on counsel's memo; liberty reserved to pursue pending Crl.R.P.No.336/2024; challenge to conviction under Section 138 NI Act (cheque dishonour) and sentence of fine Rs.29,02,191/- with default simple imprisonment six months imposed in CC.No.60038/2018 dated 20.08.2022 by XVII Addl. Judge, Court of Small Causes and ACMM, Mayo Hall Unit, Bengaluru; filed under S.397 r/w 401 Cr.P.C. and S.438 r/w 442 BNSS; petitioner M/s. Pavithra Hardware and Electricals; respondent M/s. Gulshan Trading Company; NC: 2025:KHC:9297.

What did the court decide?

Liberty reserved to the petitioner to pursue Crl.R.P.No.336/2024. ¶¶26-27

M/S Pavithra Hardware and Electricals Vs M/S Gulshan… — Cheque Dishonour | Karnataka HC (2025)

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1 - NC: 2025:KHC:9297 CRL.RP No. 293 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL REVISION PETITION NO. 293 OF 2025

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(397(Cr.PC) / 438(BNSS))

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BETWEEN:

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M/S. PAVITHRA HARDWARE AND ELECTRICALS, NO.16(OLD NO.13(A), 3^RD MAIN ROAD, 80 FT ROAD, BRINDAVAN NAGAR, MATHIKERE, BENGALURU-560 054, REPTD. BY ITS PROPRIETOR MR. KALURAM PATEL.

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…PETITIONER

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(BY SRI. B.C. VIJAY, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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M/S. GULSHAN TRADING COMPANY, NO. 14, 2^ND CROSS, 2^ND MAIN, SY.NO.29, KSSIDC INDUSTRIAL LAYOUT, VEERASANDRA 2^ND STAGE, CHIKKANAGAMANGALA VILLAGE, HUSKUR ROAD CROSS, BENGALURU-560 099, REPTD. BY ITS AUTHORIZED SIGNATORY SRI. RAGHAVENDRA B.T., S/O LATE THIMMARAYASHETTY, AGED ABOUT 38 YEARS

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…RESPONDENT

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(BY SRI. PRASANNA KUMAR B.T., ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO a) SET ASIDE THE JUDGEMENT, CONVICTION AND SENTENCE PASSED BY THE LEARNED XVII ADDL. JUDGE COURT OF SMALL CAUSES AND

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NC: 2025:KHC:9297 CRL.RP No. 293 of 2025

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ACMM, MAYO HALL UNIT, BENGALURU, IN CC.NO.60038/2018 DATED 20.08.2022 CONVICTING THE APPELLANT, FOR AN OFFENCE P/U/S 138 OF NI ACT AND SENTENCING HIM TO PAY A FINE OF RS.29,02,191/- AND IN DEFAULT TO UNDERGO SI FOR 06 MONTHS.

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Learned counsel for revision petitioner has filed a memo

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seeking permission of the Court to withdraw the petition.

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