M/S. VISHAL STEEL TUBES v. M/S. MAHRISHI ALLOYS PVT. LTD.,
CRL.RP/369/2024 · 2026-02-11
S Vishwajith Shetty
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8392 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8392 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:8637 CRL.RP No. 369 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 369 OF 2024 BETWEEN:
1.
M/S. VISHAL STEEL TUBES NO.16, 100 FT ROAD RINGROAD, MUNESHWARA FARM PANTHARAYAPALYA BEHIND KALYANI MOTORS MYSURU ROAD BENGALURU - 560 039 BY ITS PROPRIETOR MR GULSHAN KUMAR RAWAL.
2.
MR. GULSHAN KUMAR RAWAL S/O LATE WAZIR CHAND RAWAL AGED ABOUT 65 YEARS M/S VISHAL STEEL TUBES NO 16, 100 FT ROAD, RING ROAD MUNESHWARA FARM PANTHARAYAPALYA BEHIND KALYANI MOTORS MYSURU ROAD BENGALURU - 560 039. …PETITIONERS (BY SRI A.S. KULKARNI, ADV.) AND:
M/S. MAHRISHI ALLOYS PVT. LTD., NO 3, III CROSS, MYSURU ROAD BENGALURU - 560 026 REPRESENTED BY ITS AUTHORIZED PERSON, MR. SHREENATH E.B. …RESPONDENT (BY SRI PRASANNA B.R, ADV.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 05.04.2023 PASSED
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:8637 CRL.RP No. 369 of 2024
BY THE LEARNED LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-62) IN CRL.A.NO.1182/2018 AND
JUDGMENT OF CONVICTION AND SENTENCE DATED 19.05.2018 PASSED BY THE LEARNED XXVII ACMM BENGLAURU IN C.C.NO.29686/2015 CONVICTING THE PETITIONER/ACCUSED NO.1 AND 2 FOR THE OFFENCE P/US.138 OF NI ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. This Criminal Revision Petition under Section 397 read with Section 401 of Cr.P.C. is filed by the accused with a prayer to set-aside the judgment and order of conviction and sentence dated 19.05.2018 passed in CC No.29686/2015 by the Court of XXVII Addl. Chief Metropolitan Magistrate, Bengaluru, and the
judgment and order dated 05.04.2023 in Crl.A.No.1182/2018 passed by the Court of LXI Addl. City Civil and Sessions Judge, Bengaluru City.
2.
Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled during the pendency of this petition and an application under Section 147 of the Negotiable Instruments Act, 1881, is filed today reporting settlement with a prayer to permit the parties to compound the offence for
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HC-KAR NC: 2026:KHC:8637 CRL.RP No. 369 of 2024
which the petitioner has been convicted and sentenced by the Courts below. They submit that respondent/complainant has agreed to receive a total sum of Rs.9,00,000/- from the petitioner towards full and final settlement of the amount covered under the cheque in question, which is the subject matter of this petition and the entire amount of Rs.9,00,000/- has been received by the respondent through bank transaction.
3. Parties, who are present in-person before the Court are identified by their respective Advocates and it is also submitted that the settlement arrived between the parties is voluntary without there being any undue influence or coercion.
4. The application IA No.1/2026 filed by the parties is taken on record. The application is signed by the parties and also by their respective Advocates. In paragraph Nos.2 and 3 of the said application, it is stated as follows:-
"2. The petitioners and respondent submit that, the matter in respect of this cases is compromised between the petitioners and the respondent for a total sum of Rs.9,00,000/- (Rupees Nine Lakhs only).
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HC-KAR NC: 2026:KHC:8637 CRL.RP No. 369 of 2024
3. The petitioners have paid the respondent a sum of Rs.9,00,000/- only by RTGS Dated 09.12.2024 vide UTR No.FDRL52024120900555764 towards full and final settlement."
5. Considering the fact that dispute between the parties has been settled during the pendency of this petition and the offence for which the petitioner has been convicted and sentenced by the Courts below is compoundable in nature, I am of the opinion that the prayer made in the application filed by the parties before this Court under Section 147 of the Negotiable Instruments Act, 1881, is required to be granted and the parties are required to be granted permission to compound the offence for which petitioner has been convicted and sentenced by the Courts below. Accordingly, the following:-
ORDER
(i) IA No.1/2026 filed by the parties under Section 147 of the Negotiable Instruments Act, 1881, is allowed and the parties are permitted to compound the offence for which petitioner has been convicted and sentenced by the Courts below.
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HC-KAR NC: 2026:KHC:8637 CRL.RP No. 369 of 2024
(ii) Consequently, the impugned judgment and
order of conviction and sentence dated 19.05.2018 passed in CC No.29686/2015 by the Court of XXVII Addl. Chief Metropolitan Magistrate, Bengaluru, and the judgment and
order dated 05.04.2023 in Crl.A.No.1182/2018 passed by the Court of LXI Addl. City Civil and Sessions Judge, Bengaluru City, are set-aside.
(iii) The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. His bail bonds, if any, stands cancelled.
Sd/- (S VISHWAJITH SHETTY) JUDGE
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