CRIMINAL APPEAL 100171 of 2020 on 31 December 2018

1. S.S.V. DEVELOPERS SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, KESHWAPUR, HUBBALLI-590009. R/BY ITS PARTNER, VIJAYKUMAR K. KABADI.

2. MR.VIJAYKUMAR S/O KRISHNATHSA KABADI, AGE: 51 YEARS, OCC: MANAGING PARTNER OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-590009, DIST:DHARWAD AGE: 51 YEARS, OCC: MANAGING PARTNER OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-590009, DIST:DHARWAD

AND:

…RESPONDENT

THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SEC.401 OF CR.P.C., PRAYING TO KINDLY ALLOW THE PETITION AND KINDLY CALL FOR THE RECORDS AND KINDLY SET ASIDE THE IMPUGNED JUDGMENT DATED 09.07.2020, PASSED BY THE LEARNED V ADDTITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRIMINAL APPEAL NO.10/2019 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DAETD 31.12.2018 PASSED BY THE JMFC-II COURT, HUBBALLI, IN CC NO.1114/2015 FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I. ACT, BY ALLOWING THIS CRIMINAL REVISION PETITION.

BETWEEN:

1. S.S.V. DEVELOPERS SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, R/BY ITS PARTNER, VIJAYKUMAR K. KABADI. SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, R/BY ITS PARTNER, VIJAYKUMAR K. KABADI.

KESHWAPUR, HUBBALLI-590009.

2. MR.VIJAYKUMAR S/O KRISHNATHSA KABADI, AGE: 51 YEARS, OCC: MANAGING PARTNER OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-590009, DIST:DHARWAD AGE: 51 YEARS, OCC: MANAGING PARTNER OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-590009, DIST:DHARWAD

AND:

SUNDAR S/O PREMRAJ JOTWANI,AGE: 45 YEARS, OCC: BUSINESS, R/O: KALYANI CLASSIC APARTMENT, KESHWAPUR, HUBBALLI-590009.

(BY SRI SADIQ N. GOODWALA, ADVOCATE)

…RESPONDENT

THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SEC.401 OF CR.P.C., PRAYING TO KINDLY ALLOW THE PETITION AND KINDLY CALL FOR THE RECORDS AND KINDLY SET ASIDE THE IMPUGNED JUDGMENT DATED 31.07.2018, PASSED BY THE LEARNED V ADDTITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRIMINAL APPEAL NO.100/2017 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DAETD 31.12.2018 PASSED BY THE JMFC-II COURT, HUBBALLI, IN CC NO.5816/2015 FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I. ACT, BY ALLOWING THIS CRIMINAL REVISION PETITION.

BETWEEN:

1. S.S.V. DEVELOPERS SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, KESHWAPUR, HUBBALLI-590009. R/BY ITS PARTNER, VIJAYKUMAR K. KABADI.

2. MR.VIJAYKUMAR S/O KRISHNATHSA KABADI, AGE: 51 YEARS, OCC: MANAGING PARTNER OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-590009, DIST:DHARWAD AGE: 51 YEARS, OCC: MANAGING PARTNER OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-590009, DIST:DHARWAD

AND:

…RESPONDENT

THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SEC.401 OF CR.P.C., PRAYING TO KINDLY ALLOW THE PETITION AND KINDLY CALL FOR THE RECORDS AND KINDLY SET ASIDE THE IMPUGNED JUDGMENT DATED 31.07.2018, PASSED BY THE LEARNED V ADDTITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRIMINAL APPEAL NO.101/2017 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DAETD 13.09.2017 PASSED BY THE JMFC-I COURT, HUBBALLI, IN CC NO.5819/2015 FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I. ACT, BY ALLOWING THIS CRIMINAL REVISION PETITION.

BETWEEN:

1. S.S.V. DEVELOPERS SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, KESHWAPUR, HUBBALLI-590009. R/BY ITS PARTNER, VIJAYKUMAR K. KABADI.

2. MR. VIJAYKUMAR S/O KRISHNATHSA KABADI, AGE: 51 YEARS, OCC: MANAGING PARTNER OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-580023. AGE: 51 YEARS, OCC: MANAGING PARTNER OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-580023.

AND:

…RESPONDENT

THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SEC.401 OF CR.P.C., PRAYING TO KINDLY ALLOW THE PETITION AND KINDLY CALL FOR THE RECORDS AND KINDLY SET ASIDE THE IMPUGNED JUDGMENT DATED 31.07.2018, PASSED BY THE LEARNED V ADDTITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRIMINAL APPEAL NO.99/2017

CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 31.09.2017 PASSED BY THE JMFC-II COURT, HUBBALLI, IN CC NO.5815/2015 FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I. ACT, BY ALLOWING THIS CRIMINAL REVISION PETITION.

BETWEEN:

1. S.S.V. DEVELOPERS SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, KESHWAPUR, HUBBALLI-590009. R/BY ITS PARTNER, VIJAYKUMAR K. KABADI.

2. MR. VIJAYKUMAR S/O KRISHNATHSA KABADI, AGE: 51 YEARS, OCC: MANAGING PARTNER AGE: 51 YEARS, OCC: MANAGING PARTNER

OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-580009, DIST:DHARWAD OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-580009, DIST:DHARWAD

AND:

…RESPONDENT

THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SEC.401 OF CR.P.C., PRAYING TO KINDLY ALLOW THE PETITION AND KINDLY CALL FOR THE RECORDS AND KINDLY SET ASIDE THE IMPUGNED JUDGMENT DATED 31.07.2018, PASSED BY THE LEARNED V ADDTITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRIMINAL APPEAL NO.102/2017 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 31.09.2017 PASSED BY THE JMFC-II COURT, HUBBALLI, IN CC NO.5820/2015 FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I. ACT, BY ALLOWING THIS CRIMINAL REVISION PETITION.

BETWEEN:

1. S.S.V. DEVELOPERS SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, KESHWAPUR, HUBBALLI-590009.

R/BY ITS PARTNER, VIJAYKUMAR K. KABADI.

2. MR. VIJAYKUMAR S/O KRISHNATHSA KABADI, AGE: 51 YEARS, OCC: MANAGING PARTNER AGE: 51 YEARS, OCC: MANAGING PARTNER

OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-580009, DIST:DHARWAD OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-580009, DIST:DHARWAD

AND:

…RESPONDENT

THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SEC.401 OF CR.P.C., PRAYING TO KINDLY ALLOW THE PETITION AND KINDLY CALL FOR THE RECORDS AND KINDLY SET ASIDE THE IMPUGNED JUDGMENT DATED 09.07.2020, PASSED BY THE LEARNED V ADDTITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRIMINAL APPEAL NO.09/2019 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 31.12.2018 PASSED BY THE JMFC-II COURT, HUBBALLI, IN CC NO.1125/2015 FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I. ACT, BY ALLOWING THIS CRIMINAL REVISION PETITION.

BETWEEN:

1. S.S.V. DEVELOPERSSUVIDHA ANNEXE, SUVIDHA ANNEXE, OPP. CONVENT SCHOOL, KESHWAPUR, HUBBALLI-590009. R/BY ITS PARTNER, VIJAYKUMAR K. KABADI.

2. MR. VIJAYKUMAR S/O KRISHNATHSA KABADI, AGE: 51 YEARS, OCC: MANAGING PARTNER OF S.S.V. DEVELOPERS, R/O: H.NO.105, OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-590009, DIST:DHARWAD

AND:

…RESPONDENT

THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SEC.401 OF CR.P.C., PRAYING TO KINDLY ALLOW THE PETITION AND KINDLY CALL FOR THE RECORDS AND KINDLY SET ASIDE THE IMPUGNED JUDGMENT DATED 09.07.2020, PASSED BY THE LEARNED V ADDTITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRIMINAL APPEAL NO.08/2019 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 31.12.2018 PASSED BY THE JMFC-II COURT, HUBBALLI, IN CC NO.1145/2015 FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I. ACT, BY ALLOWING THIS CRIMINAL REVISION PETITION.

THESE PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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AND 4 OTHERS

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

1. Heard Sri.Mahantesh S. Hiremath, learned counsel for the revision petitioners and Sri.Sadiq N. Goodwala, learned counsel for the respondent.

2. Respondents/complainant in all these revision petitions present.

3. They presented joint memo and signed by them and their respective advocates. Contents of the joint memo is extracted hereunder for ready reference:

1. That the Petitioners and the Respondent have peacefully resolved all the disputes related to the above-mentioned criminal revision petitions.

2. That, as part of the settlement, the Petitioners have agreed to pay the full cheque amounts involved in these cases, after deducting the amounts already deposited before the Hon'ble Trial Court.

3. That the total amount involved in these matters is Rs. 2,25,00,000/-(Rupees Two Crore Twenty-Five Lakhs only). Out of this, Rs. 1,07,25,000/-(Rupees One Crore Seven Lakhs and Twenty-Five Thousand only) has already been deposited by the Petitioners in the Trial Court. This amount is subject to confirmation.

4. That the remaining balance of Rs. 1,17,75,000/- (Rupees One Crore Seventeen Lakhs Seventy-Five Thousand only), along with Rs. 25,000/-compensation in each of the 7

cases (making a total of Rs. 1,75,000/-), will be paid by the Petitioners in 4 equal installments as mentioned below:

5. The Petitioners agree to transfer the settlement amount, as per the payment schedule mentioned above, to the Respondent's bank account.

The account details are as follows:

Account Holder Name: Mr. Sunder Premraj Jotwani Account Number: 00000020015070982

Account Type: Savings Account

Bank Name & Branch: State Bank of India, PBB Hubli IFSC Code: [REDACTED]

6. Both parties agree that if the Petitioners fail to make any of the above payments on time, the order of conviction passed by the Trial Court will be confirmed by the Hon'ble High Court.

7. That the Respondent confirms that once the entire settled amount is received (including compensation), he will have no further claims or complaints against the Petitioners in these above mentioned cases and will not continue any legal proceedings against them.

PRAYER:

In view of the above, the Petitioners and the Respondent most respectfully pray that this Hon'ble Court may be pleased to:

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C/W CRL.RP No. 100174 of 2019CRL.RP No. 100175 of 2019AND 4 OTHERS

1. Take on record the terms of the settlement entered into between the parties; and between the parties; and

2. Pass appropriate orders acquitting the Petitioners in the interest of justice, equity, and fair play”. interest of justice, equity, and fair play”.

4. Contents of the joint memo are explained to the parties. They have agreed that the contents of the joint memo depicts true terms of settlement.

5. As such, there is no impediment for this Court to dispose of the above revision petitions, placing the joint memo on record.

6. Hence, the following order is passed:

ORDER

i.Placing the joint memo on record, the revision petitions stands disposed off. petitions stands disposed off.

ii.It is made clear that the compensation amount as mentioned in the joint memo if not complied, the order of the trial Magistrate confirmed by the First Appellate Court stands restored automatically. as mentioned in the joint memo if not complied, the order of the trial Magistrate confirmed by the First Appellate Court stands restored automatically.

iii.Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification. withdrawn by the complainant under due identification.

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CRL.RP No. 100171 of 2020

C/W CRL.RP No. 100174 of 2019CRL.RP No. 100175 of 2019AND 4 OTHERS

iv.After the payment of entire compensation amount, fine amount in each of the cases which is ordered towards defraying expenses of the State stands set aside.

Ordered accordingly,

SD/- (V.SRISHANANDA) JUDGE

AC Ct:gsm List No.: 2 Sl No.: 20