- 1 - HC-KAR NC: 2025:KHC:35018 CRL.RP No. 191 of 2017 C/W CRL.RP No. 423 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 191 OF 2017 C/W CRIMINAL REVISION PETITION NO. 423 OF 2022 IN CRL.RP No. 191/2017 BETWEEN: 1. M/S GEM PRESS PVT. LTD., NO 4/2, ROGERS ROAD, RICHARDS TOWN, BENGALURU - 560005, REPRESENTED BY ITS DIRECTOR, MR RIZWAN MOHAMMED KALEEMULLA. 2. MR RIZWAN MOHAMMED KALEEMULLA , S/O USMAN ASAD, AGED ABOUT 56 YEARS, RESIDENT OF NO 4/2, ROGERS ROAD, RICHARDS TOWN, BENGALURU - 560005. …PETITIONERS (BY SRI BALARAJ A C, ADVOCATE) AND: M/S RAJESH EX PORTS LTD., COMPANY INCORPORATED UNDER COMPANY ACT AND HAVING ITS OFFICE AT NO 4, BATAVIA CHAMBERS KUMARA KRUPA ROAD, KUMARA PARK EAST BANGALORE - 560001. …RESPONDENT (BY SRI P RAJU, ADVOCATE) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35018 CRL.RP No. 191 of 2017 C/W CRL.RP No. 423 of 2022 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 17.05.2014 PASSED BY THE XXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGLAURU IN C.C.NO.47549/2010 AND JUDGMENT DATED 6.1.2017 PASSED BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN CRL.A.NO.602/2014 AND BE PLEASED TO DISMISS THE COMPLAINT FILED BY THE RESPONDENT HEREIN. IN CRL.RP NO. 423/2022 BETWEEN: MRS HUSNA RIZWAN, W/O RIZWAN MOHAMMED KALLEMULLA, AGED ABOUT 52 YEARS, R/AT NO.4/1, ROGERS ROAD, RICHARDS TOWN, BENGALURU-560 005. ...PETITIONER (BY SRI BALARAJ A C,ADVOCATE) AND: M/S RAJESH EXPORTS LTD., A COMPANY INCORPORATED UNDER COMPANY'S ACT AND HAVING ITS OFFICE AT NO.4 BATAVIA CHAMBERS, KUMARA KRUPA ROAD, KUMARA PARK EAST, BENGALURU -560 001, REP. BY ITS AUTHORIZED REPRESENTATIVE R M NANJUNDASWAMY. ...RESPONDENT (BY SRI P RAJU, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO 1.SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.689/2015 DATED 06.01.2016 AND REMAND THE ABOVE CRL.A BY DIRECTING THE APPELLATE COURT TO RESTORE THE CRL.A ON THE FILE AND TO PROCEED FURTHER IN THE MATTER AND ETC. - 3 - HC-KAR NC: 2025:KHC:35018 CRL.RP No. 191 of 2017 C/W CRL.RP No. 423 of 2022 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER These two revision petitions are filed assailing the judgment convicting and sentencing the accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'Act of 1881'). 2. Criminal Revision Petition No.191/2017 is arising from the judgment dated 17.05.2014 passed by the Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.47549/2010 and the judgment dated 06.01.2017 passed by the Sessions Court, Bengaluru in Criminal Appeal No.602/2014. 3. In terms of the said judgments, accused No.1 - M/s Gem Press Pvt. Ltd. and accused No.2 - Director/Authorised Signatory of accused No.1 - company are sentenced to pay fine of Rs.55,20,000/- and in default accused No.2 is sentenced to undergo simple imprisonment - 4 - HC-KAR NC: 2025:KHC:35018 CRL.RP No. 191 of 2017 C/W CRL.RP No. 423 of 2022 of nine months. The accused had issued the cheque for Rs.55,00,000/- 4. Criminal Revision Petition No.423/2022 is filed assailing the conviction and sentence dated 08.04.2015 passed by the Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.47552/2010 and the judgment dated 06.01.2016 passed by the Principal Sessions Judge, Bengaluru in Criminal Appeal No.689/2015. 5. In terms of the said judgments, petitioner- accused is convicted for the offence under Section 138 of Act of 1881 and is sentenced to pay fine of Rs.70,00,000/- on account of dishonour of cheque for Rs.55,00,000/-. In default, petitioner is also sentenced to undergo simple imprisonment of nine months. 6. The appeals filed by the petitioner-accused are dismissed by the Appellate Court. 7. Learned counsel appearing for the petitioners in both petitions would submit that the loan transaction - 5 - HC-KAR NC: 2025:KHC:35018 CRL.RP No. 191 of 2017 C/W CRL.RP No. 423 of 2022 referred to by the complainant in both the cases are one and the same. The complainant advanced the loan to M/s Gem Press Pvt. Ltd. and accused No.2 in C.C. No.47552/2010 is the wife of accused No.2 in C.C.No. 47549/2010 and is the surety to the loan transaction. 8. It is the submission of the learned counsel for the petitioners that the complainant lodged two different complaints on account of dishonour of cheques issued by the Company as well as the dishonour of the cheques issued by the surety. He would further submit that there cannot be liability on both the Company and the surety and assuming that there is liability on both persons, in case the liability is discharged by one of the accused, then conviction and sentence against another accused has to be set-aside. It is his submission that amount is repaid on behalf of accused No.2, by one person named Adil Imran Pathan. It is his submission that the payment is made on 02.12.2014. And said payment is made in 10 installments commencing from 22.05.2009 till 07.05.2014. It is urged that the petitioners - 6 - HC-KAR NC: 2025:KHC:35018 CRL.RP No. 191 of 2017 C/W CRL.RP No. 423 of 2022 have mortgaged the property as security in favour of the complainant/respondent. 9. Learned counsel for the respondent-complainant does not dispute the payment said to have been made as aforesaid as reflected in the memo of calculation dated 25.10.2024 filed before this Court. Learned counsel for the respondent also does not dispute the fact that second complaint in C.C. No.47552/2010 is lodged against the wife of accused No.2 in C.C.No. 47549/2010 for the same transaction covered in C.C.No. 47549/2010. 10. Since it is admitted that the petitioner has made payment in excess of the amount of fine imposed against accused in C.C.No. 47552/2010, this Court is of the view that the amount due to the respondent under the aforementioned cheques is recovered. 11. Hence the following: ORDER (i) Criminal Revision Petition No.191/2017 and Criminal Revision Petition No.423/2022 are allowed. - 7 - HC-KAR NC: 2025:KHC:35018 CRL.RP No. 191 of 2017 C/W CRL.RP No. 423 of 2022 (ii) Impugned judgment dated 17.05.2014 passed by the Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.47549/2010 and the judgment dated 06.01.2017 passed by the Sessions Court, Bengaluru in Criminal Appeal No.602/2014 imposing simple imprisonment are set aside. (iii) The impugned judgment dated 08.04.2015 passed by the Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.47552/2010 and the judgment dated 08.04.2015 passed by the Additional Chief Metropolitan Magistrate, Bengaluru in Criminal appeal No. 689/2015 imposing simple imprisonment are set-aside. (iv) Since the petitioners have paid the fine amount the proceedings if any initiated to recover the fine amount are closed. (v) Bail bonds if any, stand cancelled. - 8 - HC-KAR NC: 2025:KHC:35018 CRL.RP No. 191 of 2017 C/W CRL.RP No. 423 of 2022 (vi) If there is any other right/s and liability created under the aforesaid mortgage, petitioners are at liberty to take such action as advised in law including one for redemption of mortgage. SD/- (ANANT RAMANATH HEGDE) JUDGE BRN/List No.: 2 Sl No.: 39