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2026 DAILYLAW 5262 (KAR)

M/S V B BAKERY v. M/S GOLDEN MARKETING CO

CRL.RP/337/2017 · 2026-04-29

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24144 CRL.RP No. 337 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL REVISION PETITION NO. 337 OF 2017 BETWEEN: 1. M/S V B BAKERY SAJJAN RAO CIRCLE, V.V.PURAM, BANGALORE - 560 002. REP BY ITS AUTHROISED SIGNATORY SRI K T SRINIVAS. 2. SMT. T LAKSHMI W/O LATE TIRUMALACHAR AGED ABOUT 87 YEARS, THE PROPRIETRIX V.B.BEKARY, SUJJANRAO CIRCLE, V.V.PURAM, BENGLAURU CITY - 560 002. 3. SRI K T SRINIVAS S/O LATE TIRUMALACHAR, AGED ABOUT 59 YEARS, V.B.BEKARY, SUJJANRAO CIRCLE, V.V.PURAM, BENGLAURU CITY - 560 002. …PETITIONERS (BY SRI. RAMACHANDRA G BHAT., ADVOCATE) AND: M/S GOLDEN MARKETING CO., Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24144 CRL.RP No. 337 of 2017 BY SMT T MASEEHA PARVEEN, ALLEGED TO BE THE PROPRIETRIX, NO.128, OLD MARKET ROAD, SHIVAJINAGAR, BANGALORE - 560 032. BY THE ALLEGED AUTHORISED SIGNATORY S.K.MUKTHIAR AHMED. …RESPONDENT (BY SRI. VIJAYKUMAR PRAKASH., ADVOCATE) ---- THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO C.C.No.36212/2002 ON THE FILE OF THE LEARNED XXII ACMM, BENGALURU CITY, AND XXIV ADDL. SMALL CAUSES JUDGE, BENGALURU CITY AND TO SET ASIDE THE JUDGEMENT AND ORDER DATED:31.01.2017 PASSED IN CRL.APPEAL NO.127/2012 ON THE FILE OF THE LEARNED LII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY AND CONSEQUENTLY TO SET ASIDE THE JUDGEMENT OF CONVICTION AWARDED AS PER THE ORDER DATED:02.02.2012 PASSED IN C.C.36212/2002 ON THE FILE OF THE LEARNED XXII ACMM, BENGALURU CITY AND XXIV ADDL. SMALL CAUSES JUDGE, BENGALURU AND ETC., THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:24144 CRL.RP No. 337 of 2017 ORAL ORDER The petitioners filed an application under Section 147 of the Negotiable Instrument Act, 1881, which reads as follows: “1. The petitioner has challenged the judgment of conviction awarded by the trial court in C.C.No.36212/2002 in a complaint filed by the respondent, alleging offence punishable under Section 138 of the Negotiable Instruments Act, before the Sessions Court, in Crl. Appeal No. 127/2012. The Appeal came to be allowed in part by modifying the sentence to pay sum of Rs.6,32,375/- by order dated 31.01.2017. The said order is challenged in the above petition. 2. During the pendency of the case, parties have reached an amicable settlement under which the respondent has agreed to receive a sum of Rs.5,25,000/- in full and final settlement. The agreed sum of Rs.5,25,000/- is already paid by the petitioner to the respondent. 3. In view of the amicable settlement followed by the payment of the entire agreed fine amount, the petitioner and the respondent most respectfully pray that this Hon'ble Court may kindly be pleased to permit the parties to compound the offence in terms of Section 147 of the Negotiable Instruments Act and consequently the judgment of conviction dated 02-02-20212 awarded to the Petitioner Nos, 1 to 3 in C.C.No.36212/2002 on the file of learned XXIV ACMM, Bengaluru City, may kindly be set aside, in the interest of justice.” 2. Considering the aforesaid averments of the application, the criminal petition stands disposed of in terms of the settlement. - 4 - HC-KAR NC: 2026:KHC:24144 CRL.RP No. 337 of 2017 3. Accordingly, I proceed to pass the following: ORDER (i) The application filed under Section 147 of N.I. Act is allowed. Consequently, the Criminal Revision Petition stands disposed of in terms of the settlement. (ii) The judgment of conviction and order on sentence dated 02.02.2012 passed in C.C.No.36212/2002 by the learned XXII ACMM and XXIV Addl. Small Causes Judge, Bengaluru City is set aside. (iii) The petitioners are acquitted for the offence punishable under Section 138 of N.I. Act. (iv) Bail bonds executed, if any, stand cancelled. (v) The Trial Court is directed to release a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in favour of the respondent on proper identification in accordance with law. - 5 - HC-KAR NC: 2026:KHC:24144 CRL.RP No. 337 of 2017 (vi) Registry is directed to communicate this order forthwith. Sd/- (S RACHAIAH) JUDGE JS List No.: 2 Sl No.: 93