SHRI. GURU APPARELS PVT. LTD., v. SHASHANK EXPORTS
CRL.RP/261/2016 · 2025-02-13
H P Sandesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22497 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22497 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6575 CRL.RP No. 261 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.261 OF 2016 BETWEEN:
1.
SHRI. GURU APPARELS PVT. LTD., NO.34, ANNAPOORNESHWARI, INDUSTRIAL COMPLEX, J.C.INDUSTRIAL AREA, YELCHENAHALLI, BANGALORE-76, REP. BY ITS DIRECTOR MR. PRABHU D. AMBLI.
2.
MR. PRABHU D. AMBLI, DIRECTOR & AUTHORISED SIGNATORY OF SHRI.GURU APPARELS PVT., NO.34, ANNAPOORNESHWARI INDUSTRIAL COMPLEX, J.C.INDUSTRIAL AREA, YELCHENAHALLI, BANGALORE-76. …PETITIONERS
(BY SRI. C.N. MAHADESHWARAN, ADVOCATE)
AND:
1.
SHASHANK EXPORTS, A PARTNERSHIP FIRM, NO.34, 2ND FLOOR, ANNAPOORNESHWARI INDUSTRIAL COMPLEX, J.C.INDUSTRIAL AREA, YELCHENAHALLI, BANGALORE-76 REP. BY ITS PARTNER …RESPONDENT
(BY SRI. NITIN RAMESH, ADVOCATE)
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:6575 CRL.RP No. 261 of 2016
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 04.06.2015 PASSED BY THE LEARNED PRESIDING OFFICER, XXI ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN C.C.NO.25387/2011 AND ORDER, DATED 02.02.2016 BY HON'BLE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRL.A.NO.882/2015 AND ACQUIT THE PETITIONER OF THE CHARGED LEVELED AGAINST THEM.
THIS PETITION COMING ON FOR REPORTING SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
This matter is taken up for consideration in view of the
order passed by the Apex Court in Crl.A.No.4132/2024, dated 01.10.2024, wherein the order impugned was set aside and the revision petition was restored on the file of this Court.
2. The parties have filed an application under Section 320(1) of Cr.P.C., wherein prayer is sought to compound the offence. A joint affidavit is also filed by the revision petitioner and the respondent. The revision petitioner and the respondent are present before the Court.
3. The parties have also filed a joint memo reporting settlement. In terms of the joint memo, the revision petitioner had previously deposited an amount of Rs.14,75,000/- and out of it, an amount of Rs.10,000/- was defrayed to the State as
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NC: 2025:KHC:6575 CRL.RP No. 261 of 2016
fine. The revision petitioner says no objection for release of the amount, which is in deposit, in favour of the respondent/complainant. The revision petitioner undertakes to cooperate with the respondent to withdraw the said amount. In view of the joint memo and final settlement, prays this Court to acquit the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (‘NI Act’ for short).
4. In view of the settlement arrived between the parties, the application filed under Section 320(1) of Cr.P.C. is allowed and the offence is compounded. Consequently, the revision petitioner is acquitted for the offence punishable under Section 138 of the NI Act.
5. The criminal revision petition is disposed of in terms of the joint memo.
6. I.A.No.1/2025 does not survive for consideration in view of the order passed by the Apex Court for restoration.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 56