Karnataka High Court

CRL.RP/337/2017 of M/S V B BAKERY Vs M/S GOLDEN MARKETING CO on 29 April 2026

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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

HC-KAR

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

HC-KAR

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

HC-KAR

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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.

HC-KAR

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.

HC-KAR

(vi) Registry is directed to communicate this order forthwith.

Sd/- (S RACHAIAH) JUDGE

JS List No.: 2 Sl No.: 93

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