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2025 DAILYLAW 31238 (KAR)

SRI KANNAPPAN SOUNDARRAJAN v. M/S ACKURETTA SYSTEMS (P) LTD

CRL.RP/1365/2021 · 2025-06-09

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19537 CRL.RP No. 1365 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 1365 OF 2021 BETWEEN: SRI KANNAPPAN SOUNDARRAJAN S/O V C KANNAPPAN AGED ABOUT 58 YEARS PROPRIETOR M/S. REGISTRON No.22/5, GANGADHAR CHETTY ROAD BENGALURU - 560 042. …PETITIONER (BY SMT. SUNANDA SARKAR, ADVOCATE FOR SRI VIVEK N, ADVOCATE) AND: M/S ACKURETTA SYSTEMS (P) LTD., FORMERLY M/S. PARAMOUNT COMMERCE PVT. LTD., REGD. OFFICE AT 3RD FLOOR SHERIFF HOUSE No.85, RICHMOND ROAD BENGALURU – 560 025. …RESPONDENT (BY SRI M ARUN POONAPPA, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C. PRAYING TO EXAMINE THE CORRECTNESS AND THE LEGAL VALIDITY OF THE SAID JUDGMENT AND ORDER AND APPRECIATE THE FACTS AND GROUNDS MENTIONED IN THE ABOVE CRIMINAL REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER DATED 07.08.2019 PASSED IN C.C.No.51850/2018 ON THE FILE OF Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19537 CRL.RP No. 1365 of 2021 LVIII ADDL.C.M.M., BENGALURU AND THE JUDGMENT DATED 11.10.2021 PASSED IN CRL.A.No.25219/2019 BEFORE THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU AND ALLOW THIS APPEAL, CONSEQUENTLY, ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC., THIS PETITION COMING ON FOR REPORTING SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. Petitioner is present. Learned counsel for petitioner is present. Learned counsel for respondent is present. 2. Memo for settlement is filed and it reads thus: “MEMO FOR REPORTING SETTLEMENT The petitioner and respondent submits as follows: 1. The petitioner has preferred this petition challenging the Judgment and order dated 07/08/2019 in C.C.No.51850/2018 passed by the 58th Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru and the Judgment dated 11/10/2021 in Crl.A.No.25219/2019 passed by the - 3 - HC-KAR NC: 2025:KHC:19537 CRL.RP No. 1365 of 2021 LXXII Additional City Civil and Sessions Judge at Mayo Hall, Bengaluru. 2. At the intervention of well wishers and friends the petitioner and the respondent have amicably settled the matter and have decided to close the above matter as settled in the below manner. 3. The petitioner has agreed to pay the respondent a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) as final settlement in five monthly installments Rs.30,000/- per month. First installment starting in the month of June 2025 and the final installment on October 2025. 4. Accordingly the first installment payable for the month of June 2025 is paid to the respondent through online transfer (NEFT) on 06/06/2025 vide UTR No.SIBLN25157491105. 5. The remaining four installments would be done by the petitioner in July, August, September and October 2025. 6. The petitioner agrees to abide by this settlement memo, and in the event of failure of repayment by the petitioner as stated above, the respondent is at a liberty to proceed in accordance with law for recovery of the same. 7. The Petitioner has no objection for the Respondent to withdraw the entire amount deposited before the trial Court, deposited on the basis of interim order. - 4 - HC-KAR NC: 2025:KHC:19537 CRL.RP No. 1365 of 2021 WHEREFORE, the petitioner and respondent most humbly pray that this Hon'ble Court may be pleased to take this Memo for Settlement on record, and close the above matter in the terms of this Memo for Settlement, in the interest of justice.” 3. Petitioner has agreed to pay a sum of Rs.1,50,000/- in 5 monthly installments of Rs.30,000/- each. Learned counsel for petitioner submits that petitioner has paid installment for the month of June, 2025. Learned counsel for respondent submits that the petitioner has paid the first installment for the month of June, 2025. 4. As per the terms of settlement petitioner has to pay installments of July, August, September and October, 2025 in a sum of Rs.30,000/- each. Petitioner has deposited a sum of Rs.37,273/- on 12.09.2019 and a sum of Rs.56,550/- on 23.12.2021. The petitioner – accused has no objection for the respondent to withdraw the said amount deposited before the trial Court. - 5 - HC-KAR NC: 2025:KHC:19537 CRL.RP No. 1365 of 2021 5. Another condition in the memorandum of settlement is that if the petitioner fails to make payment of installments, the respondent is at liberty to proceed against the petitioner in accordance with law. 6. Considering the above aspects, as the matter is settled between the parties, the revision petition is disposed of in terms of the settlement and offence under Section 138 of the Negotiable Instruments Act is compounded. If the petitioner fails to pay the remaining installments as agreed, the conviction rendered in C.C. No. 51850/2013 restores and the respondent – complainant is at liberty to recover the fine amount in accordance with law. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 55