- 1 - HC-KAR NC: 2026:KHC:16766 CRL.RP No. 693 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.693 OF 2023 (397(Cr.PC) / 438(BNSS)-) BETWEEN: 1. M/S TCS READY MIX NO.18, 1ST FLOOR KATRIGUPPE MAIN ROAD BANASHANKARI 3RD STAGE BENGALURU-560085 REPRESENTED BY ITS PARNTER MR NARASIHMULU NAIDU. 2. MR NARASIHMULU NAIDU AGED ABOUT 61 YEARS PARTNERS M/S T C S REDDY MIX NO.18, 1ST FLOOR KATRIGUPPE MAIN ROAD BANASHANKARI 3RD STAGE BANGALORE-560085. 3. MR SHESHADRI AGED ABOUT 57 YEARS GENERAL MANAGER (PRESENTLY NOT WORKING) M/S T C S REDDY MIX NO.18, 1ST FLOOR KATRIGUPPE MAIN ROAD BANASHANKARI 3RD STAGE Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16766 CRL.RP No. 693 of 2023 BANGALORE-560085. …PETITIONERS (BY SRI. MUNISWAMY GOWDA S G.,ADVOCATE) AND: M/S THRIVENI SANDS AND AGGREGATES (LLP) HEAD OFFICE AT NO.34 (OLD NO.115/116) G N CHETTY ROAD T NAGAR CHENNAI-600017 ITS BRANCH/SALES OFFICE AT NO.613, 1ST MAIN 6TH SECTOR, HSR LAYOUT BENGALURU-560102 REPRESENTED BY CUSTOMER RELATION OFFICER SHRI N SUBRAMANIYAM S/O R NAGARAJAN AGED ABOUT 53 YEARS …RESPONDENT (BY SRI. HAREESH BHANDARY T.,ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 01.04.2023 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.899/2022 CONFIRMING THE JUDGMENT OF CONVICTION AND SENTENCE AND AWARD OF COMPENSATION AGAINST THE PETITIONERS DATED 04.07.2022 PASSED IN C.C.NO.33215/2018 BY THE XXV ADDL.C.M.M., BENGALURU AND CONSEQUENTLY ALLOW THE PRESENT PETITION AND ACQUIT THE PETITIONERS. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:16766 CRL.RP No. 693 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Samarth Moorthy, advocate for Sri Muniswamy Gowda S.G., learned counsel for the revision petitioners and Sri Hareesh Bhandary T., learned counsel for the respondent. 2. Perusal of the First Appellate Court's judgment in Crl.A.No.899/2022 would make it clear that discussion of the facts in paragraph 9 onwards pertain to some other case. Therefore, there is an error in passing the judgment. 3. Perhaps, the facts narrated in paragraph No.9 is in respect of some other case, has crept in the present case due to typographical error or mistake of stenographer. 4. Likewise, contents in paragraph Nos.18, 19 and 20 are in the respect of almost cases where the appeal would arise from a conviction order under Section 138 of the Negotiable Instruments Act. 5. Suffice to say that the First Appellate Court has not properly applied the judicial mind in passing the judgment dated 01.04.2023. - 4 - HC-KAR NC: 2026:KHC:16766 CRL.RP No. 693 of 2023 6. As such, and revision petition needs to be allowed by setting aside the order of the First Appellate Court and matter to be remitted to the First Appellate Court for fresh disposal in accordance with law. 7. Hence, the following: ORDER (i) Revision Petition is allowed. (ii) Order of the First Appellate Court confirming the conviction order passed by the learned Trial Magistrate for the offence punishable under Section 138 of the Negotiable Instruments Act, is hereby set aside. (iii) Matter is remitted to the First Appellate Court for fresh disposal in accordance with law. (iv) Parties shall appear before the First Appellate Court without further notice on 15th April 2026. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 72