M/S VEDGANGA FOODS AND CHEMICALS v. M/S RAJ MARKETING
CRL.RP/471/2025 · 2025-12-15
Ravi V Hosmani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72303 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72303 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53218 CRL.RP No. 471 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 471 OF 2025 BETWEEN:
M/S VEDGANGA FOODS AND CHEMICALS, REP. BY MR.RAVINDRA SIDAGONDA KOSHTI, 973, 9TH CROSS, 2ND MAIN, AECS LAYOUT, B BLOCK, SINGASANDRA, BANGALORE - 560 068. vedgangafoodsandchemicals@gmail.com …PETITIONER [BY SRI RAVINDRA SIDAGONDA KOSHTI,(PARTY-IN-PERSON)] AND:
M/s. RAJ MARKETING, REP BY PROPRIETOR, MR. SUKUMARAN RAJKUMAR, OFFICE AT NO.78, NETHAJI ROAD, P.N. PALYAM, COIMBATORE - 641 037, TAMIL NADU.
ALSO AT NO. 1/562-4, MUTHALIPALYAM, ARASUR (PO), SULUR (TK), COIMBATORE - 641 407, TAMIL NADU. rajmarketingr@gmail.com …RESPONDENT (BY SRI S G RAJENDRA REDDY, ADVOCATE)
THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO A. SET ASIDE THE ORDER PASSED BY XIX-ACMM COURT, BENGALURU IN C.C.NO.20848/2024 ON 14.11.2024, B. ENHANCE THE PUNISHMENT IMPOSED ON THE RESPONDENT BY INCREASING THE FINE AMOUNT TO AT LEAST TWICE THE CHEQUE AMOUNT (RS.37,37,590) AND IMPOSING TWO YEARS OF RIGOROUS IMPRISONMENT, C. SET ASIDE ORDER PASSED BY CCH-53 LII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.2030/2024 ON 14.03.2025D. EXPEDIATE THE HEARING AND PASS THE JUDGMENT AS ACCUSED WILL BE RELEASED FROM JUDICIAL CUSTODY ON 13.05.2025.
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:53218 CRL.RP No. 471 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging judgment dated 14.03.2025 passed by LII Addl. City Civil & Sessions Judge, Bengaluru, in Crl.A.no.2030/2024 confirming judgment of conviction and
order of sentence dated 14.11.2024 passed by XIX ACMM, Bengaluru, in C.C.no.20848/2024, this revision petition is filed.
2. Revision petition is by original complainant -party-in- person, being aggrieved by order dated 14.11.2024 passed by XIX ACMM, Bengaluru, in C.C.no.20848/2024, wherein sentence of fine of Rs.18,78,795/- was imposed on respondent/accused on being convicted after accused pleaded guilty to charges and in default to undergo simple imprisonment for a period of six months. According to petitioner, sentence was on lower side and seeks for enhancement. It is seen that under impugned order, his appeal came to be dismissed as not maintainable by referring to decisions of this Court in Nagaraj v. Gowramma reported in (2004) 4 KLJ 262 and M/s Hill Range Power Project
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HC-KAR NC: 2025:KHC:53218 CRL.RP No. 471 of 2025
Developers and Ors. v. M/s Acciona Wind Energy Private Limited (Crl.P.no.6072/2015 D.D.24.02.2015). However, recent decision of Hon'ble Supreme Court in M/s Celestium Financial v A Gnanashekaran, in SLP (Crl.)no.137- 139/20205 (2024 INSC 804), would come to his aid and
order impugned would be contrary to law. As such, he would be entitled to succeed against impugned order passed by appellate Court.
3. Sri SG Rajendra Reddy, learned counsel for respondent/accused would concede to legal position in view of decision of Hon'ble Supreme Court. In view of above and taking note of fact that both parties are represented, it is found fit to pass following:
ORDER (i) Revision petition is allowed-in-part. Order dated 14.03.2025 passed by LII Addl. City Civil & Sessions Judge, Bengaluru, in Crl.A.no.2030/2024 is set aside and appeal is restored to file.
(ii) Since parties are represented, they are
directed to appear before appellate Court without fresh notice on 02.02.2026.
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HC-KAR NC: 2025:KHC:53218 CRL.RP No. 471 of 2025
(iii) Appellate Court is directed to proceed from stage existing as on date of passing of impugned
order. Sd/- (RAVI V HOSMANI) JUDGE
Psg* List No.: 1 Sl No.: 17