- 1 - HC-KAR NC: 2025:KHC:54045 CRL.RP No. 1258 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1258 OF 2025 BETWEEN: 1. MR ASHISH JHUNJHUNWALA EX-MANAGING DIRECTOR, AGED ABOUT 62 YEARS S/O AMBIKA PRASAD JHUNWALA RAMSARUP LOHH UDYOG LIMITED HASTINGS CHAMBERS, 1ST AND 2ND FLOOR, 7C KIRAN SHANKAR ROY ROAD KOLKATA - 700 001 2. MR. NAVEEN GUPTA, EX-DIRECTOR, AGED 52 YEARS, S/0 ASHOK KUMAR GUPTA RAMSARUP LOHH UDYOG LIMITED HASTINGS CHAMBERS, 1ST AND 2ND FLOOR, 7C KIRAN SHANKAR ROY ROAD KOLKATA-700 001 3. MR. AAYUSH LOHIA, EX-DIRECTOR, AGED ABOUT 45 YEARS, S/O SURESH KUMAR LOHIA RAMSARUP LOHH UDYOG LIMITED Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54045 CRL.RP No. 1258 of 2025 HASTINGS CHAMBERS, 1ST AND 2ND FLOOR, 7C KIRAN SHANKAR ROY ROAD KOLKATA - 700 001 …PETITIONERS (BY SRI. RAGHAVENDRA REDDY C.R., ADVOCATE) AND: 1. ABB LIMITED A COMPANY UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, EAST WING, KHANIJA BHAVAN, 49 RACE COURSE ROAD, BANGALORE - 560 001 REPRESENTED BY ITS POWER OF ATTORNEY HOLDER EVS NARAYANA MURTHY …RESPONDENT (BY SRI. KEERTI KUMAR D. NAIK, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO 1) SET ASIDE THE ORDER/JUDGEMENT DATED 23 JULY 2025, PASSED BY THE HONBLE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU IN CRL. APPEAL NO. 25084/2022 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC:54045 CRL.RP No. 1258 of 2025 ORAL ORDER Challenging judgment dated 23.07.2025 passed by LXXIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru in Criminal Appeal No.25084/2022 confirming order dated 01.04.2022 passed by the Hon'ble 34th Additional Chief Metropolitan Magistrate, Mayohall unit, Bangalore in C.C No.54836/2016, this revision petition is filed. 2. Learned counsel for parties submits that during pendency of revision petition there is settlement arrived at between parties, whereunder petitioner/accused has agreed to pay ₹ 18,25,000/- in full and final settlement of respondent's claim against accused under cheque in question. 3. It is stated that accused has deposited a total sum of ₹6,29,000/- before trial Court and accused has no objection for said amount being released in favour of respondent-complainant. Balance amount of - 4 - HC-KAR NC: 2025:KHC:54045 CRL.RP No. 1258 of 2025 ₹ 11,96,000/- is paid by way of demand draft i.e., DD No. 534150 dated 11.12.2025 for ₹ 4,00,000/- and DD No. 534151 dated 11.12.2025 for ₹7,96,000/- drawn on Bank of Maharashtra. Demand drafts are handed over to authorised representative of respondent, who is present in Court, who acknowledges receipt. 4. Joint memo reads as follows:- "The petitioners/accused and respondent/complainant herein most respectfully submit as follows:- 1. The respondent/complainant has filed the case in CC No. 54836/2016 on the file of 34 ACMM, Mayohall at Bengaluru for Rs 15,00,000/-(fifteen lakh only) pertaining to cheque No. 082236 dated 28-12-2009 against the petitioner/accused for an offence punishable under the provisions of Negotiable Instruments Act and the Hon'ble Magistrate convicted the accused/petitioners herein dated 1-4-2022 and sentenced to pay a fine amount of Rs.31.25,000/- and in default to pay fine, the accused/petitioners herein shall undergo imprisonment for a period of 5 months for which the accused/petitioners herein filed Criminal appeal No. 25084/2022 before learned sessions Judge (CCH-74) and the appellate court reduced fine amount from Rs 31,25,000/- to 30,00,000/- (Thirty lakh only) 2. The accused/petitioners and complainant/respondent herein submit that later the accused/petitioners herein preferred a above criminal petition and this Hon'ble court vide its order dated 2-9- 2025 modified that the accused/petitioners herein shall deposit 35% of the fine amount in addition to 20% of the amount already deposited. - 5 - HC-KAR NC: 2025:KHC:54045 CRL.RP No. 1258 of 2025 3. The petitioners/accused and complainant/respondent herein now at the intervention of well wishers and elders have settled the above matter for Rs 18,25,000/- (Eighteen lakh twenty five thousand only) including the amount already deposited before trail court, the petitioners/accused already deposited the amount before the trail court in the following manner:- (a) DD bearing No.784941 drawn on Bank of Maharashtra, Kolkata NS Road dated 10-8-2022 for Rs 3,24,000/-(Three lakh two four thousand only) (b) DD bearing No.784942 drawn on Bank of Maharashtra, Kolkata NS Road dated 10-8-2022 for Rs 3,00,000/-(Three lakh only) (c) DD bearing No. 784930 drawn on Bank of Maharashtra, Kolkata NS Road dated 10-5-2022 for Rs 5,000/- (five thousand only) to state expenses and accordingly the accused/Petitioners agreed and undertakes to pay Remaining amount of Rs 11,96,000/- (Eleven lakh Ninty six thousand only) to the complainant/respondent herein as full and final settlement in the following manner: (a) That the accused/petitioners agreed to pay remaining balance amount of Rs 11,96,000/- (Eleven lakh Ninty six thousand only) in favour of complainant/respondent herein named as Hitachi Energy India, Limited. bearing DD No. 534150 dated 11/12/25 for Rs 4,00,000/- and DDNO.534151 dated 11/12/25 for Rs.7,96,000/- (Seven lakh Ninty Six Thoufeind Only drawn on Bank of Maharashtra, Kolkata, N.S.Road Branch as full and final settlement. (b) The accused/petitioners herein already deposited the above said amount before the trail court and the accused/petitioners has no objection to release the said deposited amount in the name of complainant/respondent herein namely (new name) Hitachi Energy India, Limited. (c) The petitioners and respondent submit that earlier complainant/respondent herein name was ABB Limited and now during the pendency of the petition complainant/respondent herein name is changed as Hitachi Energy India, Limited. Hence the deposit amount be released in the name of Hitachi Energy India, Limited. - 6 - HC-KAR NC: 2025:KHC:54045 CRL.RP No. 1258 of 2025 (d) That the complainant/respondent has no objection to withdraw/close the above case i.e Criminal Rev Petition No. 1258/2025 pertaining cheque bearing No. 082236 dated 28-12- 2009 (CC No. 54836/2016). (e). Both the parties have signed this joint memo without any force, coercion or threat and entered into out of their free will. Hence this Joint Memo." 5. Petitioner is present through video conference and authorised representative of respondent is present physically. They are identified by their respective counsel. 6. On interaction, they submit that terms of settlement have been explained to them and after understanding same, compromise petition is entered into, they have affirmed it out of their free will and volition without there being any threat, coercion or undue influence from anybody. 7. Joint Memo is accepted and Revision Petition is disposed of as settled. Judgment dated 23.07.2025 passed by LXXIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru in Criminal Appeal No.25084/2022 confirming order dated 01.04.2022 - 7 - HC-KAR NC: 2025:KHC:54045 CRL.RP No. 1258 of 2025 passed by XXXIV Additional Chief Metropolitan Magistrate, Mayohall unit, Bangalore in C.C No.54836/2016 is set aside. Petitioner is acquitted of offence punishable under Section 138 of Negotiable Instruments Act. Trial Court is directed to release amount in deposit, if any, in favour of complainant. Registry is directed to transmit Trial Court Record forthwith to enable same. Sd/- (RAVI V HOSMANI) JUDGE VS List No.: 1 Sl No.: 47