1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MS. JUSTICE J.M. KHAZI & SRI. JAVEED S., MEMBER Crl. R.P.No. 1318/2021 (L.A. No. 923/2025) C/w Crl. RP No. 1322/2021 (L.A. No.780/2025), Crl.RP No. 1323/2021 (L.A.No. 781/2025), Crl. RP No. 1325/2021 (L.A. No. 782/2025), Crl. RP No.1335/2021 (L.A. No. 927/2025) & Crl.RP No.1340/2021 (L.A. No. 784/2025) In Crl. RP No.1318/2021: BETWEEN Hemang Dipak Kumar Rawal, Director of Samruddhi Realty Limited, The Landmark, No.21/15, 4th Floor, M.G. Road, Bengaluru-560 001. … Petitioner. (By Mr. Dilip Kumar I.S., Advocate) AND: 1. BKS Properties India Private Limited, Represented by its Manager, Sri. Y. Sreeramulu, Residing at No.1143, 22nd Cross, 2 BSK II Stage, Bengaluru-560 070. 2. M/s. Samruddhi Reality Limited, (Under Liquidation vide order Dated 13th March 2020 passed by National Company Law Tribunal, Bengaluru), Represented by Liquidator Mr. Pankaj Srivastava Having his address at 5, 5th Cross, Navya Nagar, Jakkur, Bangalore, Karnataka-560 064. …Respondents (By Mr. B.C. Venkatesh, Advocate for R-1, Mr/Mrs. Ayushi Agarwal/Rahul Desai, Advocates for R-2, Mr. R. Kiran, Advocate [NOC]) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE AND FINE DATED 18TH AUGUST 2018 PASSED BY THE XXIV ADDL. SMALL CAUSES JUDGE AND XXII ADDL. CHIEF METROPOLITAN MAGISTRATE (SCCH-26), BENGALURU IN C.C. NO. 24288 OF 2017 WHICH WAS UPHELD IN CRIMINAL APPEAL NO.1872 OF 2018 BY ORDER DATED 8TH SEPTEMBER 2021 PASSED BY THE LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU. In Crl. RP No.1325/2021: BETWEEN Hemang Dipak Kumar Rawal, Ex Director of Samruddhi Realty Limited, The Landmark, No.21/15, 4th Floor, M.G. Road, Bengaluru-560 001. … Petitioner. (By Mr. Dilip Kumar I.S., Advocate) 3 AND: 1. Besto Infrastructure Bengaluru Private Limited, Represented by its Manager, Sri. Y. Sreeramulu, Residing at No.1143, 22nd Cross, BSK II Stage, Bengaluru-560 070. 2. Samruddhi Reality Limited, (Under Liquidation vide order Dated 13th March 2020 passed by National Company Law Tribunal, Bengaluru), Represented by Liquidator Mr. Pankaj Srivastava Having his address Now at 5, 5th Cross, Navya Nagar, Jakkur, Bangalore, Karnataka-560 064, Presently at 21/15, 4th Floor, M.G.Road, Bangalore-560 001. …Respondents (By Mr. B.C. Venkatesh, Advocate for R-1, Mr/Mrs. Ayushi Agarwal, Advocate for R-2) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE AND FINE DATED 18TH AUGUST 2018 PASSED BY THE XXIV ADDL. SMALL CAUSES JUDGE AND XXII ADDL. CHIEF METROPOLITAN MAGISTRATE (SCCH-26), BENGALURU IN C.C. NO. 24292 OF 2017 WHICH WAS UPHELD IN CRIMINAL APPEAL NO.1874 OF 2018 BY ORDER DATED 8TH SEPTEMBER 2021 PASSED BY THE LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU. 4 In Crl. RP No.1335/2021: BETWEEN Hemang Dipak Kumar Rawal, Director of Samruddhi Realty Limited, The Landmark, No.21/15, 4th Floor, M.G. Road, Bengaluru-560 001. … Petitioner. (By Mr. Dilip Kumar I.S., Advocate) AND: 1. BKS Infratech Private Limited, Represented by its Manager, Sri. Y. Sreeramulu, Residing at No.1143, 22nd Cross, BSK II Stage, Bengaluru-560 070. 2. Samruddhi Reality Limited, (Under Liquidation vide order Dated 13th March 2020 passed by National Company Law Tribunal, Bengaluru), Represented by Liquidator Mr. Pankaj Srivastava Having his address at 5, 5th Cross, Navya Nagar, Jakkur, Bangalore, Karnataka-560 064. …Respondents (By Mr. B.C. Venkatesh, Advocate for R-1, Mr/Mrs. Ayushi Agarwal, Advocate for R-2) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE AND FINE DATED 18TH AUGUST 2018 PASSED BY THE XXIV ADDL. SMALL CAUSES JUDGE AND XXII ADDL. CHIEF METROPOLITAN MAGISTRATE (SCCH-26), 5 BENGALURU IN C.C. NO. 24285 OF 2017 WHICH WAS UPHELD IN CRIMINAL APPEAL NO.1870 OF 2018 BY ORDER DATED 8TH SEPTEMBER 2021 PASSED BY THE LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU. In Crl. RP No.1322/2021: BETWEEN Hemang Dipak Kumar Rawal, Ex Director of Samruddhi Realty Limited, The Landmark, No.21/15, 4th Floor, M.G. Road, Bengaluru-560 001. … Petitioner. (By Mr. Dilip Kumar I.S., Advocate) AND: 1. BKS Infratech Private Limited, Represented by its Manager, Sri. Y. Sreeramulu, Residing at No.1143, 22nd Cross, BSK II Stage, Bengaluru-560 070. 2. Samruddhi Reality Limited, (Under Liquidation vide order Dated 13th March 2020 passed by National Company Law Tribunal, Bengaluru), Now at Represented by Liquidator Mr. Pankaj Srivastava Having his address at 5, 5th Cross, Navya Nagar, Jakkur, Bangalore, Karnataka-560 064, Presently at 21/15, 4th Floor, M.G.Road, Bangalore-560 001. …Respondents (By Mr. B.C. Venkatesh, Advocate for R-1, Mr/Mrs. Ayushi Agarwal, Advocate for R-2) 6 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE AND FINE DATED 18TH AUGUST 2018 PASSED BY THE XXIV ADDL. SMALL CAUSES JUDGE AND XXII ADDL. CHIEF METROPOLITAN MAGISTRATE (SCCH-26), BENGALURU IN C.C. NO. 24287 OF 2017 WHICH WAS UPHELD IN CRIMINAL APPEAL NO.1871 OF 2018 BY ORDER DATED 8TH SEPTEMBER 2021 PASSED BY THE LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU. In Crl. RP No.1323/2021: BETWEEN Hemang Dipak Kumar Rawal, Ex Director of Samruddhi Realty Limited, The Landmark, No.21/15, 4th Floor, M.G. Road, Bengaluru-560 001. … Petitioner. (By Mr. Dilip Kumar I.S., Advocate) AND: 1. BKS Infratech Private Limited, Represented by its Manager, Sri. Y. Sreeramulu, Residing at No.1143, 22nd Cross, BSK II Stage, Bengaluru-560 070. 2. Samruddhi Reality Limited, (Under Liquidation vide order Dated 13th March 2020 passed by National Company Law Tribunal, Bengaluru), Represented by Liquidator Mr. Pankaj Srivastava Having his address at 5, 5th Cross, Navya Nagar, Jakkur, Bangalore, 7 Karnataka-560 064. …Respondents (By Mr. B.C. Venkatesh, Advocate for R-1, Mr/Mrs. Ayushi Agarwal, Advocate for R-2) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE AND FINE DATED 18TH AUGUST 2018 PASSED BY THE XXIV ADDL. SMALL CAUSES JUDGE AND XXII ADDL. CHIEF METROPOLITAN MAGISTRATE (SCCH-26), BENGALURU IN C.C. NO. 24284 OF 2017 WHICH WAS UPHELD IN CRIMINAL APPEAL NO.1869 OF 2018 BY ORDER DATED 8TH SEPTEMBER 2021 PASSED BY THE LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU. In Crl. RP No.1340/2021: BETWEEN Hemang Dipak Kumar Rawal, Director of Samruddhi Realty Limited, The Landmark, No.21/15, 4th Floor, M.G. Road, Bengaluru-560 001. … Petitioner. (By Mr. Dilip Kumar I.S., Advocate) AND: 1. BKS Infrastructure Bangalore Private Limited, Represented by its Manager, Sri. Y. Sreeramulu, Residing at No.1143, 22nd Cross, BSK II Stage, Bengaluru-560 070. 2. Samruddhi Reality Limited, (Under Liquidation vide order Dated 13th March 2020 passed by 8 National Company Law Tribunal, Bengaluru), Represented by Liquidator Mr. Pankaj Srivastava Having his address at 5, 5th Cross, Navya Nagar, Jakkur, Bangalore, Karnataka-560 064. …Respondents (By Mr. B.C. Venkatesh, Advocate for R-1, Mr/Mrs. Ayushi Agarwal, Advocate for R-2) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE AND FINE DATED 18TH AUGUST 2018 PASSED BY THE XXIV ADDL. SMALL CAUSES JUDGE AND XXII ADDL. CHIEF METROPOLITAN MAGISTRATE (SCCH-26), BENGALURU IN C.C. NO. 24290 OF 2017 WHICH WAS UPHELD IN CRIMINAL APPEAL NO.1873 OF 2018 BY ORDER DATED 8TH SEPTEMBER 2021 PASSED BY THE LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU. THESE CRIMINAL REVISION PETITIONS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 9 CONCILIATION ORDER The learned Counsel appearing for the petitioner and the respondent No.1 and the respective parties are present in all the petitions. 2. Perused the order dated 24.03.2025 of the Secretary, High Court Legal Services Committee. Accordingly, the matter is settled by the parties and filed Joint Memo dated 24.03.2025. The terms of the Joint Memo reads as follows : “1. The Complainant/Respondent No.1 and others had filed the several cases against the Company i.e. M/s. Samruddhi Reality Limited, herein arrived as Respondent No.2 and Petitioner/Accused herein for offences punishable under Section 138 of the Negotiable Instruments Act for the cheques and amount as narrated below with trial court numbers and Petitioner/Accused was convicted in several cases and preferred the appeal on said judgments and some of the cases were dismissed for Non-prosecution and remained unchallenged. The appellant court confirmed the trial court judgments. The petitioner has preferred the Revision on said judgments. 2. The Respondent No.1 company has entered appearance before this Hon’ble Court. 10 3. The Petitioner/Accused has approached and requested the Complainant/Respondent No.1 for settling the matter along with other matter pending consideration and disposed matters at several courts and also of other parties. The Petitioner/Accused offered the Complainant/Respondent No.1 to pay the half of the Cheque amount in each cases and issued cheques in favour of respective parties as narrated below and same will be cleared within Six Months (6 Months) from this day. Sl. No. Case No. Petitioner/Accused Respondent No.1/ Complainant 1 Crl.RP No. 1318/2021 Hemang Dipak Kumar Rawal M/s. BKS Properties India Pvt. Ltd. and another 2 Crl.RP No. 1322/2021 Hemang Dipak Kumar Rawal M/s. BKS Properties India Pvt. Ltd. and another 3 Crl.RP No. 1323/2021 Hemang Dipak Kumar Rawal M/s. BKS Infra Tech Pvt. Ltd. and another 4 Crl.RP No. 1335/2021 Hemang Dipak Kumar Rawal M/s. BKS Infra Tech Pvt. Ltd. and another 5 Crl.RP No. 1325/2021 Hemang Dipak Kumar Rawal M/s. Besto Infra- structure Bangalore Pvt. Ltd. and another 6 Crl.RP No. 1340/2021 Hemang Dipak Kumar Rawal M/s. Besto Infra- structure Bangalore Pvt. Ltd and another 7 CC No.426/ 2018 M/s. Besto Infra- structure Bangalore Pvt. Ltd. and another M/s. Samruddhi Reality Limited and another 8 CC No.410/ 2018 M/s. Besto Infra- structure Bangalore M/s. Samruddhi Reality Limited and 11 Pvt. Ltd. And another another 9 CC No.4022/ 2018 M/s. Sindhu and Lakshmi M/s. Samruddhi Reality Limited and another 10 CC No.4023/ 2018 M/s. Sindhu and Lakshmi M/s. Samruddhi Reality Limited and another 11 CC No.4024/ 2018 M/s. Sindhu and Lakshmi M/s. Samruddhi Reality Limited and another 12 PCR No.3308/ 2018 M/s. Sindhu and Lakshmi M/s. Samruddhi Reality Limited and another 13 CC No.51565/ 2018 Ramesh S.R. M/s. Samruddhi Reality Limited and another 14 CC No.59744/ 2018 Ramesh S.R. M/s. Samruddhi Reality Limited and another 15 CC No.53421/ 2018 Ramesh S.R. M/s. Samruddhi Reality Limited and another 4. The Respondent No.1/Complainant has accepted the offer of the Petitioner/Accused of settlement as narrated above. The Accused shall make the payments to the Respondent No.1/Complainant and other parties as mentioned below. 5. The Petitioner/Accused hereby undertakes to make a payment of Rs.1,00,000/- out of Rs.2,00,000/- cheque involved in the above petition and also undertakes to pay the amount of other cases as narrated below. 12 Sl. No. Case No. Respondent No.1/ Complainant Settlement Amount 1 Crl.RP No. 1318/2021 M/s. BKS Properties India Pvt. Ltd. and another Rs.1,00,000/- 2 Crl.RP No. 1322/2021 M/s. BKS Properties India Pvt. Ltd. and another Rs.1,00,000/- 3 Crl.RP No. 1323/2021 M/s. BKS Infra Tech Pvt. Ltd. And another Rs.1,00,000/- 4 Crl.RP No. 1335/2021 M/s. BKS Infra Tech Pvt. Ltd. and another Rs.1,00,000/- 5 Crl.RP No. 1325/2021 M/s. Besto Infra- structure Bangalore Pvt. Ltd. and another Rs.1,00,000/- 6 Crl.RP No. 1340/2021 M/s. Besto Infra- structure Bangalore Pvt. Ltd. and another Rs.1,00,000/- 7 CC No.426/ 2018 M/s. Besto Infra- structure Bangalore Pvt. Ltd. and another Rs.1,50,000/- 8 CC No.410/ 2018 M/s. Besto Infra- structure Bangalore Pvt. Ltd. and another 1,50,000/- 9 CC No.4022/ 2018 M/s. Sindhu and Lakshmi Rs.2,25,000/- 10 CC No.4023/ 2018 M/s. Sindhu and Lakshmi Rs.1,50,000/- 11 CC No.4024/ 2018 M/s. Sindhu and Lakshmi Rs.1,50,000/- 12 PCR No.3308/ 2018 M/s. Sindhu and Lakshmi Rs.1,50,000/- 13 CC No.51565/ 2018 Ramesh S.R. Rs.3,00,000/- 14 CC No.59744/ 2018 Ramesh S.R. Rs.2,00,000 15 CC No.53421/ 2018 Ramesh S.R. Rs.4,00,000/- 13 6. The Petitioner/Accused hereby submits that, being one of the Director of Respondent No.2 and signatory to the cheque in dispute, issuing his personal cheques to clear the dispute among the Respondent No.1 and other parties as narrated above to settle the matter amicably between them. And also for the reason that, the Respondent No.2 company is under Liquidation process and its Bank accounts are not in operative and same is been controlled by the Liquidator, appointed by the NCLT in the said proceedings. Hence, Petitioner/Accused and another Director Mr. Ravindra M. Madhudi is issuing their personal cheques to discharge the liability of the above said parties in view of compromise/settlement as narrated below: Sl. No. Cheque Details Respondent No.1/ Complainant Amount 1 No.169414 drawn on IndusInd Bank, M.G.Road, Bangalore, issued by Hemang Dipak Kumar Rawal M/s. BKS Properties India Pvt. Ltd. and another Rs.3,00,000/- 2 No.169413 drawn on IndusInd Bank, M.G.Road, Bangalore, issued by Hemang Dipak Kumar Rawal M/s. BKS Properties India Pvt. Ltd. and another Rs.2,00,000/- 3 No.169411 drawn on IndusInd Bank, M.G.Road, M/s. BKS Infra Tech Pvt. Ltd. And another Rs.2,00,000/- 14 Bangalore, issued by Hemang Dipak Kumar Rawal 4 No.169412 drawn on IndusInd Bank, M.G.Road, Bangalore, issued by Hemang Dipak Kumar Rawal M/s. BKS Infra Tech Pvt. Ltd. and another Rs.2,00,000/- 5 No.024574 drawn on ICICI Bank, Bangalore Branch, Bangalore, issued by Ravindra M.M. M/s. Sindhu and Lakshmi Rs.2,00,000/- 6 No.024575 drawn on ICICI Bank, Bangalore Branch, Bangalore, issued by Ravindra M.M. M/s. Sindhu and Lakshmi Rs.2,00,000/- 7 No.210537 drawn on Bank of India, Cantonment Branch, Bangalore, issued by Ravindra M.M. M/s. Sindhu and Lakshmi Rs.2,75,000/- 8 No.210538 drawn on Bank of India, Cantonment Branch, Bangalore, issued by Ravindra M.M. Ramesh S.R. Rs.2,87,500/- 9 No.210540 drawn on Bank of India, Cantonment Branch, Bangalore, issued by Ravindra M.M. Ramesh S.R. Rs.2,25,000/- 10 No.169415 drawn on Indusind Bank, Bangalore Branch, Bangalore, issued by Hemang Dipak Kumar Rawal Ramesh S.R. Rs.2,87,500/- 15 7. The Respondent No.1/Complainant hereby submits that, the M/s Besto Infrastructure Bangalore Private Limited companies Bank account is not in operative hence, the Petitioner/accused is issuing cheque to discharge liability of M/s. Besto Infrastructure Bangalore Private Limited in favour of M/s. BKS Properties India Private Limited of Rs.3,00,000/- and M/s. BKS Infra Tech Private Limited of Rs.2,00,000/-. 8. It is submitted that the petitioner/accused has deposited 50% of the cheque amount before the court below and in terms of this Joint Memo the petitioner/accused is at liberty to withdraw in his name immediately after disposal of this petition and the same amount may be utilized for honouring of the above mentioned cheques. 9. The Respondent No.1/Complainant hereby submits that, on receiving of the entire amount as promised by the Petitioner/Accused, the Respondent No.1/Complainant and other parties shall withdraw the trial court cases pending consideration and the petitioner/Accused shall not be liable to pay any money to the Respondent No.1/Complainant and other parties against this complaint or any other cases as mentioned above. 10. The Petitioner/Accused and Respondent No.1/ Complainant have amicably agreed to the aforementioned 16 conditions and hence are filing this Joint Memo before this Hon’ble Court. 11. The Petitioner/Accused also agreed that in default of the above terms of Joint Memo by the Petitioner/Accused the Trial Court order shall be confirmed by this Hon’ble Court according Law”. 3. In the light of the settlement arrived at between the parties, these Criminal Revision Petitions are disposed of in terms of the Joint Memo and the petitioner/accused is acquitted from the charges punishable under Section 138 of Negotiable Instruments Act. 4. However, it is made clear that if the Cheque amount as agreed in the Joint Memo is not realized, the order of the Trial Court, which is confirmed by the First Appellate Court stands restored automatically and the respondent/complainant is at liberty to proceed against the petitioner/accused in accordance with law. 5. If the entire amount as agreed in the Joint Memo is paid, fine amount imposed by the trial Court, which is confirmed by the 17 First Appellate Court to the extent of Rs.5,000/- towards defraying expenses of the State is hereby set aside. Sd/- JUDGE Sd/- MEMBER Rbv