- 1 - NC: 2025:KHC:12328 CRL.A No. 1142 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.1142 OF 2024 BETWEEN: 1. K. MOHAN AND COMPANY (EXPORTS) PVT. LTD., B-1, 62/5, BEGUR ROAD, DEVARACHIKKANAHALLI MAIN ROAD, BOMMANAHALLI, BENGALURU - 560 068. PRESENTLY AT: NO.372, 1ST FLOOR, CABIN NO.106, WS NO.6., 6TH CROSS, GOLDEN SQUARE, WILSON GARDEN, BENGALURU-560 027. REPRESENTED BY ITS AUTHORISED SIGNATORY MR. CHANDRAKANT KONDIRAM WETAL. …APPELLANT (BY SMT. AMRITA SHIVAPRASAD, ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU-560 008. 2. MR. THANDAND THAN KRISHNADAS, MANAGING DIRECTOR, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU-560 008. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12328 CRL.A No. 1142 of 2024 ALSO AT: NO.26, AISHWARYA, 1ST CROSS, 2ND MAIN, DOMLUR, 2ND STAGE, BENGALURU - 560 071. 3. MR.THUNDIPARAMBIL JOSEPH FRANCIS JOSEPH, DIRECTOR SALES, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU-560 008. ALSO AT: NO.24, VENKATESHWAR LAYOUT, JAYANTHI NAGAR, HORAMAVU, BENGALURU – 560 043. 4. MS. SHEETAL RAJ NATARAJ ADONI, DIRECTOR PRODUCT AND DESIGN - WOMEN, STRAWBERRY LENCERIA PRIVATE LIMITED, NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. ALSO AT: 1ST CROSS, NEAR MAHADI MOTORS, SRE LAYOUT, CHITRADURGA-577 501. …RESPONDENTS (RESPONDENTS ARE SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.PC PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 24.04.2024 PASSED BY THE XIV ADDL. SMALL CAUSES JUDGE AND ACMM, BENGALURU IN C.C.NO.2770/2018 AND CONSEQUENTLY CONVICT THE RESPONDENTS AND TO DIRECT THE RESPONDENT TO BEAR AND PAY THE ENTIRE COSTS OF THIS APPEAL. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:12328 CRL.A No. 1142 of 2024 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard the learned counsel appearing for the appellant. The respondents though served have been unrepresented. 2. This Court vide order dated 14.03.2025 in similar case in Crl.A.No.1112/2024 taken note of the contention of the appellant that proceedings is initiated under Section 138 of the Negotiable Instruments Act (‘NI Act’ for short) against accused No.1 and other accused persons and accused Nos.3, 5 and other accused were not secured before the Trial Court and hence, the proceedings initiated against accused Nos.1, 2, 4 and 6 and they have faced the trial, but the Trial Court while passing the order though raised the point for consideration, same has been answered as negative and not given any finding in respect of accused No.1 and thus, erroneously passed an order acquitting accused Nos.2, 4 and 6 and the Trial Court ought to have given finding against accused No.1 also since the same is the Company. - 4 - NC: 2025:KHC:12328 CRL.A No. 1142 of 2024 3. This Court having taken note of the said ground comes to the conclusion that the material on record discloses that the Trial Court did not discuss anything about the company as well as directors whether they are well known to the facts or not and only reason assigned by the Trial Court is power of attorney holder who has no knowledge regarding the transactions, cannot be examined as a witness in the case. But the Trial Court ought to have taken note of the evidence placed on record and nothing is discussed with regard to accused No.1-company is concerned. When the matter is pending before the Trial Court in respect of the other accused is concerned, comes to the conclusion that it is appropriate to set aside the order and remand the matter for reconsideration along with pending case which is now in consideration in respect of accused No.5. 4. Hence, in this case also it is appropriate to consider the matter afresh along with C.C.No.3297/2024 and consider the issue involved between the complainant as well as accused No.1-company and directors. Even if - 5 - NC: 2025:KHC:12328 CRL.A No. 1142 of 2024 any further evidence is given by the complainant/appellant, the same shall be considered by the Trial Court. Hence, the impugned order requires to be set aside. 5. In view of the discussions made above, I pass the following: ORDER (i) The appeal is allowed. (ii) The impugned order dated 24.04.2024 passed in C.C.No.2770/2018 is set aside. The matter is remitted back to the Trial Court for fresh consideration along with the pending C.C.No.3297/2024 in view of observation made above. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 68