M/S MAMA HOMES PVT LIMITED v. M/S URBAN EDGE TRADING CORPORATION
CRL.P/3932/2026 · 2026-06-01
M Nagaprasanna
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 19450 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19450 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25607 CRL.P No. 3932 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3932 OF 2026 BETWEEN:
1.
M/S MAMA HOMES PVT LIMITED REGISTERED OFFICE AT NO.363 19TH MAIN ROAD, 1ST BLOCK RAJAJINAGAR BANGALORE- 560010 ALSO AT: 111, 126 WE WORK 8TH FLOOR D3(RED WOOD) EMBASSY OFFICE PARKS OUTER RING ROAD MANYATA TECH PARK, NAGAVARA BENGALURU-560045
REPRESENTED BY ITS AUTHORISED SIGNATORY/DIRECTORS
2.
RAJESH SIVASANKARA PILLAI AGED ABOUT 52 YEARS DIRECTOR OF MAMA HOMES PVT LTD NO. 363, 19TH MAIN ROAD 1ST BLOCK, RAJAJINAGAR BANGALORE-560010
ALSO AT NO.111,126 WE WORK, 8TH FLOOR D3 (RED WOOD) EMBASSY REIT EMBASSY OFFICE PARKS OUTER RING ROAD MANYATA TECH PARK
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:25607 CRL.P No. 3932 of 2026
NAGAVARA BENGALURU-560045
3 MEEANAKSHI RAJESH AGED ABOUT 40 YEARS DIRECTOR OF MAMA HOMES PVT LTD., NO.363, 19TH MAIN ROAD 1ST BLOCK, RAJAJINAGAR BANGALORE - 560 010 ALSO AT NO.111,126 WE WORK, 8TH FLOOR D3 (RED WOOD) EMBASSY REIT EMBASSY OFFICE PARKS OUTER RING ROAD MANYATA TECH PARK NAGAVARA BENGALURU-560045
…PETITIONERS (BY SMT: S.MUBARAK BEGUM.,ADVOCATE) AND:
1.
M/S URBAN EDGE TRADING CORPORATION HAVING ITS OFFICE AT NO. 39/2 HONNENAHALLI JUNCTION NEXT TO INDIAN OIL FUEL STATION DODDABALAPURA MAIN ROAD BANGALORE- 560064
REPRESENTED BY ITS PROPRIETOR MR. NAVEEN KUMAR CN
…RESPONDENT (BY SRI.:BHASKAR GOWDA N M.,ADVOCATE)
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HC-KAR NC: 2026:KHC:25607 CRL.P No. 3932 of 2026
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED UNDER SECTION 528 BNNS) PRAYING TO QUASH THE JOINT MEMO DATED 17.09.2025 FILED IN CC NO.6115/2025 PENDING ON THE FILE OF THE XI ADDL.SCJ AND ACJM SCCH- 12, BENGALURU VIDE ANNEXURE-A.
THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners - accused are before the Court on a strange circumstance seeking quashment of a joint memo entered into between the parties on 17.09.2025.
2. Heard Smt S Mubarak Begum, learned counsel appearing for the petitioners and Sri N M Bhaskar Gowda,
learned counsel appearing for the respondent.
3.
Facts in brief germane are as follows:
The petitioners are the accused and the respondent is the complainant. They two have a transaction. The transaction goes wrong and the complainant invoked the jurisdiction before the
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HC-KAR NC: 2026:KHC:25607 CRL.P No. 3932 of 2026
concerned Court for offence punishable under Section 138 of the Negotiable Instruments Act. The matter was pending as CC No.6115 of 2025. The petitioners and the respondent entered into a compromise during the pendency of proceedings by filing a joint memo in CC No.6115 of 2025. 4. The joint memo reads as follows:
"The Complainant and Accused jointly states as hereunder:
1. The Complainant instituted proceedings against the accused herein for the offence punishable under Section 138 of N.I Act before this Hon'ble court in respect of following dishonour of cheques
i. Rs. 50,00,000/- (Rupees Fifty Lakhs Only) dated 12.10.2024 bearing No. 000082, drawn on HDFC Bank, Hegdenagar Branch Bengaluru. ii. Rs. 10,00,000/- (Rupees Ten Lakhs Only) dated 14.10.2024 bearing No. 000077, drawn on HDFC Bank, Hegdenagar Branch Bengaluru. iii. Rs. 30,00,000/- (Rupees Thirty Lakhs Only) dated 14.11.2024 bearing No. 000089, drawn on HDFC Bank, Hegdenagar Branch Bengaluru. 2. That, upon taking cognizance, summons was issued by this Hon'ble court to the accused and accordingly accused appeared and obtained bail at the hands of this Hon'ble court. 3. That upon the legal notice dated 13.12.2024 sent by the counsel for the Complainant, the accused vide email dated 26.12.2024 in unequivocal terms had already agreed by that he is liable to repay the amount dues for obtaining steel (TMT Rods) from the complainant in the year 2024 January. - 5 -
HC-KAR NC: 2026:KHC:25607 CRL.P No. 3932 of 2026
4. That, due to intervention of friends and well- wishers the parties hereto have settled the matter and the Accused has agreed to pay total sum of Rs. 1,21,00,000/- (One Crore Twenty One Lakhs Only). The accused has already paid a sum of Rs. 31,00,000/- (Rupees Thirty one Lakh Only) as damages and interest towards the long pending due as agreed upon while obtaining the goods (steel/TMT rods) and now agreed to pay a sum of Rs. 90,00,000/- (Rupees Ninety Lakhs Only) through in the following manner as full and final settlement. Sl.
No. Date Amount Cheque No. 1 28.10.2025 15,00,000/- 000229, Drawn on HDFC Bank Dr.Shivaram karanth Nagar Branch, Hegde Nagar, Bangalore 2 28.11.2025 15,00,000/- 000230, Drawn on HDFC Bank Dr.Shivaram karanth Nagar Branch, Hegde Nagar, Bangalore 3 28.12.2025 15,00,000/- 000231, Drawn on HDFC Bank Dr.Shivaram karanth Nagar Branch, Hegde Nagar, Bangalore 4 28.01.2026 15,00,000/- 000232, Drawn on HDFC Bank Dr.Shivaram karanth Nagar Branch, Hegde Nagar, Bangalore 5 28.02.2026 15,00,000/- 000233, Drawn on HDFC Bank
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HC-KAR NC: 2026:KHC:25607 CRL.P No. 3932 of 2026
Dr.Shivaram karanth Nagar Branch, Hegde Nagar, Bangalore 6 28.03.2026 15,00,000/- 000234, Drawn on HDFC Bank Dr.Shivaram karanth Nagar Branch, Hegde Nagar, Bangalore
5. That, the accused herein agrees that, the above-mentioned payment shall be credited to the account of the complainant without therebeing any delay nor without any further extension of time. If the Accused defaults in payment of even one installment, the entire balance amount shall become immediately due and payable, and the Complainant shall be entitled to recover the same in accordance with law. 6. That, the complainant herein agreed to return the Cheque bearing No. 000078,000079 and 000080 all the three cheque Drawn on HDFC Bank Dr.Shivaramkaranth Nagar Branch, Hegde Nagar Bangalore issued by the Accused as Security Cheque to the Compliant. 7. Continue the present proceedings from the stage at which the settlement was entered into; or Initiate fresh proceedings under Section 138 of the N.I. Act in respect of the dishonoured settlement cheques, without any objection from the Accused.above- mentioned payment, the accused herein is liable to pay interest at the rate of 24% p.a till its realization and the complainant herein is reserved liberty to approach this Hon'ble court seeking appropriate relief for recovery of pending dues from the accused at the cost and consequences of the accused. 8.
8. In view of the aforesaid terms and assurance made by the Accused, the Complainant herein confirms that he has no further dues against the Accused herein and has no objections to the Accused being acquitted by this Hon'ble court. - 7 -
HC-KAR NC: 2026:KHC:25607 CRL.P No. 3932 of 2026
9. The terms of this Joint memo is read over to the complainant and the accused by their respective advocates and the parties to the above complaint without therebeing any misrepresentation has agreed to the terms of this joint memo and subscribed their signatures in the presence of their respective advocates. Wherefore, the Complainant and Accused pray that this Hon'ble court be pleased to allow the above complaint in terms of the joint memo and further be pleased to acquit the accused for the offence under Section 138 of NI Act, 1881 arising out of the facts and circumstances of the present case in the interests of justice and equity."
5. The petitioners - accused does not comply with the conditions in the joint memo. The joint memo ostensibly acquitted the petitioners - accused subject to the condition that the petitioners would comply with the directions. Long after execution of the joint memo, the present petition is preferred on 06.03.2026 on a specious plea that the petitioners, the Directors of the Company, did not know the conditions and they had blindly signed upon the dotted lines of the joint memo. 6. The said submission is noted only to be rejected. The petitioners have entered into a joint memo and now wanting to do a volte-face on the joint memo by raising a challenge to the same before this Court, which cannot be accepted. - 8 -
HC-KAR NC: 2026:KHC:25607 CRL.P No. 3932 of 2026
Finding no merit in the petition, the petition stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE
BGN List No.: 2 Sl No.: 64