Allowed

M/S Sunrise Marketing v. M/S Stovekraft Private Limited

Karnataka HC9 Jan 2026CRL.RP/1531/2023

Case brief

AI extract

What is this about?

This court allowed a criminal revision petition under Section 397/401 Cr.PC filed to challenge a conviction and sentence for cheque dishonour. The court set aside the impugned orders and acquitted the petitioner, as the parties submitted that the dispute had been amicably settled via a joint memo detailing payment terms.

What did the court decide?

Criminal revision petition allowed; impugned conviction and sentence set aside; petitioner acquitted of offence under Section 138 NI Act 1881; bail bonds cancelled.

M/S Sunrise Marketing Vs M/S Stovekraft Private Limited — Cheque Dishonour | Karnataka HC (2026)

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NC: 2026:KHC:1240 CRL.RP No. 1531 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1531 OF 2023 (397(Cr.PC) / 438(BNSS))

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BETWEEN:

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M/S SUNRISE MARKETING, NO. 81, B BLOCK, GROUND FLOOR, 2ND CROSS, SITHANKUDI STREET, PUDUCHERRY - 605 013. REPRESENTED BY ITS PROPRIETOR RAJAT SURANA.

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…PETITIONER

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(BY SRI. V AKSHAY KUMAR JAIN., ADVOCATE)

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AND:

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Digitally signed by M/S STOVEKRAFT PRIVATE LIMITED KAVYA R NO.81, HARAHALLI INDUSTRIAL AREA, Location: KANAKAPURA TALUK, High court of Karnataka RAMANGARA DISTRICT, BANGALORE RURAL - 562 112. REPRESENTED BY ITS SIGNATORY, GURURAJ.M.

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…RESPONDENT

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(BY SRI. S.F.GOUTAM CHAND., ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 08.09.2023 IN CRL.APPEAL NO.28/2023

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2 - NC: 2026:KHC:1240 CRL.RP No. 1531 of 2023

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HC-KAR

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PASSED BY THE LV ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND JUDGMENT DATED 05.12.2022 IN CRIMINAL CASE NO.2751/2019 PASSED BY THE HONBLE XXXVIII A.C.M.M BENGALURU.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Petitioner is before this Court in this Criminal revision petition filed under Section 397 read with Section 401 of Cr.PC, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.2751/2019 by order dated 05.12.2022 by the Court of XXXVIII Additional Chief Metropolitan Magistrate, Bengaluru, which was confirmed in Crl.A.No.28/2023 by judgment and order dated 08.09.2023 by the Court of LV Additional City Civil and Sesssions Judge, Bengaluru.

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Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled and towards full and final settlement of the amount covered

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3 - NC: 2026:KHC:1240 CRL.RP No. 1531 of 2023

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HC-KAR

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under the cheque-in-question, the respondent/complainant has agreed to receive a sum of Rs.7,30,000/- (Rupees Seven Lakhs Thirty Thousand only) from the petitioner. They submit that an amount of Rs.4,01,773/- (Rupees Four Lakhs One Thousand Seven Hundred and Seventy Three only) which was deposited by the petitioner has been already withdrawn by the respondent/complainant. They also submit that amount of Rs.50,000/- (Rupees Fifty Thousand only) which was earlier paid by the petitioner to the respondent is adjusted towards the settlement payment in the present case and towards the balance amount of Rs.2,78,227/- (Rupees Two Lakhs Seventy Eight Thousand Two Hundred and Twenty Seven only) the petitioner has issued a demand draft dated 08.01.2025 drawn on Bank of Baroda, Pondicherry bearing No.869625 in favour of the respondent/complainant.

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The said submission placed on record.

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NC: 2026:KHC:1240 CRL.RP No. 1531 of 2023

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HC-KAR

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The parties who are present before the court are identified by their respective advocates. It is stated that settlement arrived between the parties is voluntary without there being any interference or coercion.

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The joint memo filed by the parties is taken on record. The same is signed by the parties and by their respective advocates. In paragraph Nos.2 to 7 of the joint memo, it is stated as follows:

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"2. Upon the intervention of well-wishers, the present dispute has been settled amicably between us for a sum of Rs.7,30,000/-(Rupees Seven Lakhs Thirty-Thousand Only).

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3. The Respondent, by way of an order dated 20.02.2025 was permitted to withdraw the amount of Rs.4,01,773/- (Rupees Four Lakhs One Thousand Seven Hundred and Seventy-Three Only) available on the file of the 38th Additional Chief Metropolitan Magistrate, Bangalore. The Complainant submits no objection to this amount being withdrawn by the Respondent, if done so.

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4. The Respondent retains a security deposit of Rs.50,000/-(Rupees Fifty Thousand Only) made by

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5 - NC: 2026:KHC:1240 CRL.RP No. 1531 of 2023

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HC-KAR

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the Petitioner earlier. The same is to be adjusted towards the settlement payment.

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5. The balance of Rs.2,78,227/- (Rupees Two Lakhs Seventy-Eight Thousand Two Hundred and TwentySeven Only) is being paid by way of a demand draft bearing No.869625 dated 08.01.2025 drawn on Bank of Baroda, Pondicherry in favour of the Respondent.

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6. We submit that this settlement has arisen out of our own free will and without any coercion. We acknowledge that there are no other subsisting/future claims/grievances whatsoever between the parties.

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7. The Respondent has no objection to the closure/compounding of the offence of Section 138 of the Negotiable Instruments Act, 1881, and the Petitioner being acquitted in accordance with law. The Respondent also submits his no-objection to the Petitioner obtaining a refund of the cash surety amount deposited by the Petitioner."

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In view of the settlement reported to this Court

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by the parties, the Criminal revision petition is required to be disposed of in terms of the joint memo filed by the parties and impugned judgment and order needs to be set aside. Accordingly, the following:

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NC: 2026:KHC:1240 CRL.RP No. 1531 of 2023

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HC-KAR

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ORDER

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i. The Criminal revision petition is allowed and the judgment and order of conviction and sentence passed in C.C.No.2751/2019 by order dated 05.12.2022 by the Court of XXXVIII Additional Chief Metropolitan Magistrate, Bengaluru, which is confirmed in Crl.A.No.28/2023 by judgment and order dated 08.09.2023 by the Court of LV Additional City Civil and Sesssions Judge, Bengaluru are set aside.

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ii. Petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and his bail bonds, if any, stands cancelled.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR/List No.: 1 Sl No.: 27

M/S Sunrise Marketing v. M/S Stovekraft Private Limited

Case brief

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M/S Sunrise Marketing v. M/S Stovekraft Private Limited

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