- 1 - NC: 2025:KHC:16790 CRL.P No. 8701 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8701 OF 2023 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. UDUPI TRANSPORT PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, WITH ITS REGISTERED OFFICE ADDRESS AT HANUMAN TRANSPORT CO BLDG, CHITPADY, UDUPI - 576 101. REPRESENTED BY ITS MANAGING DIRECTOR. 2. MR. P. VILAS NAYAK S/O P GOPALAKRISHNA NAYAK, AGED ABOUT 38 YEARS, R/AT NO.2-99, HANUMAN COMPOUND, CHITPADY, UDUPI - 576 101. EXECUTIVE DIRECTOR OF UDUPI TRANSPORT PVT LTD., …PETITIONERS (BY SRI. AJITH A. SHETTY, ADVOCATE) AND: SATHISH SHETTY S/O THIMMAYYA SHETTY, AGED ABOUT 50 YEARS, R/AT BIRALU PETE, NALLURU VILLAGE AND POST, KARKALA TALUK, UDUPI DISTRICT - 576 244. …RESPONDENT (BY SRI. GANAPATHI NAIK KANGOD, ADVOCATE) Digitally signed by PRAJWAL A Location: High Court Of Karnatka - 2 - NC: 2025:KHC:16790 CRL.P No. 8701 of 2023 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:17.11.2021 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC KARKALA IN PCR NO.311/2021 REGISTERED THE SAME AS C.C.NO.1537/2021 AND THEREBY REJECT THE SAID COMPLIANT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred seeking to set aside the impugned order dated 17.11.2021 passed by the court of Civil Judge and JMFC, Karkala, in PCR No.311/2021 registered as C.C.No.1537/2021. 2. The matter is covered by the judgment of this court passed in Crl.P.No.8740/2023 and connected matters, decided on 04.04.2025, which is not in disputed by the learned counsel for petitioners. Para No.9 of the said judgement is extracted here under; "9. The respondents/complainants have categorically denied having issued any letter to the ESI in violation of the terms agreed between them and the petitioner herein. That being so, in these petitions, the question as to whether the cheques issued are towards legally enforceable - 3 - NC: 2025:KHC:16790 CRL.P No. 8701 of 2023 debt or not cannot be determined. It is a matter to be decided by the trial Court. Since the respondents have not denied having participated in the proceedings before the Labour Officer / Conciliation Officer, Udupi Sub-Division, and the order dated 19.4.2021 (supra) and also having admitted that the cheques were issued in terms of settlement, the petitioner has ample opportunity to putforth his case before the trial Court by producing necessary documents. The trial Court shall consider the case of the petitioner without being influenced by any of the observations made in this order." 3. In the light of the decision rendered in the above connected matters and the observations made therein, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE AKV List No.: 1 Sl No.: 10 CT:SK