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[Cites 7, Cited by 0]

Karnataka High Court

Sri. Sumit Tandon vs Sri. Krishna Fabrics on 16 February, 2026

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

                                          -1-
                                                         NC: 2026:KHC:9337
                                                    CRL.RP No. 464 of 2019
                                                C/W CRL.RP No. 463 of 2019
                                                    CRL.RP No. 465 of 2019
              HC-KAR                                         AND 1 OTHER


                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 16TH DAY OF FEBRUARY, 2026
                                        BEFORE
                     THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
                     CRIMINAL REVISION PETITION NO. 464 OF 2019
                                        C/W
                     CRIMINAL REVISION PETITION NO. 463 OF 2019,
                     CRIMINAL REVISION PETITION NO. 465 OF 2019,
                     CRIMINAL REVISION PETITION NO. 466 OF 2019

              IN CRL.RP No. 464/2019:

              BETWEEN:

              SRI SUMIT TANDON
              S/O PN TANDON
              AGED ABOUT 43 YEARS
              RESIDING AT C-25
              MAHENDRU ENCLAVE
              DELHI - 110 033.
                                                               ...PETITIONER
              (BY SRI THARANATH SHETTY K, ADV.)
              AND:

Digitally     SRI KRISHNA FABRICS
signed by     NO.1, I FLOOR
NANDINI M S
              15TH A CROSS
Location:
HIGH COURT    4TH MAIN, S.R. NAGAR
OF            BANGALORE - 560 027
KARNATAKA     REPRESENTED BY ITS PROPRIETRIX
              SMT UMA MAHESHWARI.
                                                             ...RESPONDENT
              (BY SRI MALLANAGOUD (NOC), ADV.)
                    THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
              SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF CONVICTION
              DATED 24.02.2016, PASSED IN C.C.NO.17203/2012, ON THE FILE
              OF THE 27TH A.C.M.M., AT BANGALORE AND CONFIRMED BY THE
              JUDGMENT    AND    ORDER    DATED    27.02.2019  PASSED   IN
              CRL.A.NO.362/2016 ON THE FILE OF THE 55TH ADDITIONAL CITY
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                                        CRL.RP No. 464 of 2019
                                    C/W CRL.RP No. 463 of 2019
                                        CRL.RP No. 465 of 2019
HC-KAR                                           AND 1 OTHER


CIVIL AND SESSIONS JUDGE AT BANGALORE CITY, BY ALLOWING
THIS CRL.RP.

IN CRL.RP NO. 463/2019:

BETWEEN:

SRI SUMIT TANDON
S/O P.N. TANDON
AGED ABOUT 43 YEARS
RESIDING AT C-25
MAHENDRU ENCLAVE
DELHI - 110 033.
                                               ...PETITIONER
(BY SRI THARANATH SHETTY K, ADV.)

AND:

SRI KRISHNA FABRICS
NO.1, I FLOOR, 15TH "A" CROSS,
4TH MAIN, S.R. NAGAR
BANGALORE-560 027
REPRESENTED BY ITS PROPRIETRIX
SMT. UMA MAHESHWARI.

                                              ...RESPONDENT
(BY SRI MALLANAGOUD (NOC), ADV.)

    THIS CRL.RP IS FILED U/S. CR.P.C PRAYING TO SET ASIDE
THE IMPUGNED JUDGMENT DATED 27.02.2019 PASSED BY THE
LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
IN CRL.A.NO.361/2016 AND THE JUDGMENT DATED 24.02.2016
PASSED   BY    THE   XXVII   ADDL.C.M.M.,    BENGALURU   IN
C.C.NO.17202/2012, BY ALLOWING THIS CRL.RP.I.A.NO.1/2019
FOR SUSPENSION OF SENTENCE.I.A.NO.1/2019 FILED BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO SUSPEND THE
ORDER DATED 27.02.2019 PASSED BY THE LV ADDITIONAL CITY
CIVIL    AND     SESSIONS      JUDGE,       BENGALURU    IN
CRL.A.NO.361/2016 AND THE JUDGMENT DATED 24.02.2016
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                                        CRL.RP No. 464 of 2019
                                    C/W CRL.RP No. 463 of 2019
                                        CRL.RP No. 465 of 2019
HC-KAR                                           AND 1 OTHER


PASSED   BY   THE   XXVII   ADDL.C.M.M.,    BENGALURU    IN
C.C.NO.17202/2012, PENDING DISPOSAL OF THIS CRL.RP.


IN CRL.RP NO. 465/2019:

BETWEEN:

SRI SUMIT TANDON
S/O P.N. TANDON
AGED ABOUT 43 YEARS
RESIDING AT C-25
MAHENDRU ENCLAVE
DELHI - 110 033.
                                               ...PETITIONER
(BY SRI THARANATH SHETTY K, ADV.)

AND:

SRI KRISHNA FABRICS
NO.1, I FLOOR, 15TH A CROSS
4TH MAIN, S R NAGAR
BANGALORE - 560 027
REPRESENTED BY ITS PROPRIETRIX
SMT UMA MAHESHWARI.
                                             ...RESPONDENT
(BY SRI MALLANAGOUD (NOC), ADV.)

    THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
27.02.2019 PASSED IN CRIMINAL APPEAL NO.363/2016, ON THE
FILE OF THE 55th ADDITIONAL CITY CIIVL AND SESSIONS
JUDGE, AT BENGALURU CITY AND THE JUDGMENT AND ORDER
DATED 24.02.2016 PASSED IN C.C.NO.17204/2012 ON THE FILE
OF THE 27th ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
AT BENGALURU, BY ALLOWING THIS CRIMINAL REVISION
PETITION.

IN CRL.RP NO. 466/2019:

BETWEEN:

SRI SUMIT TANDON
S/O P.N. TANDON
R/AT C-25, MAHENDRU ENCLAVE
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                                         CRL.RP No. 464 of 2019
                                     C/W CRL.RP No. 463 of 2019
                                         CRL.RP No. 465 of 2019
HC-KAR                                            AND 1 OTHER


DELHI - 110 033.
                                                ...PETITIONER
(BY SRI THARANATH SHETTY K, ADV.)

AND:

SRI KRISHNA FABRICS
NO.1, I FLOOR, 15TH A CROSS
4TH MAIN, S.R.NAGAR
BANGALORE - 560 027
REP BY ITS PROPRIETRIX
SMT. UMA MAHESHWARI.
                                               ...RESPONDENT
(BY SRI MALLANAGOUD (NOC), ADV.)

    THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
27.02.2019 PASSED IN CRL.A.NO.364/2016 ON THE FILE OF THE
55th ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE AND THE JUDGMENT AND ORDER DATED
24.02.2016 PASSED IN C.C.NO.17205/2012 ON THE FILE OF
THE 27th A.C.M.M., BANGALORE BY ALLOWING THIS CRL.RP.

     THESE    PETITIONS,  COMING   ON    FOR    REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MR. JUSTICE S VISHWAJITH SHETTY


                    ORAL COMMON ORDER

       1.    The above-captioned four criminal revision petitions

arise between the same parties and from the same transaction

and therefore, they are heard together with the consent of the

learned counsel appearing for the parties and are disposed of

by this common order.


       2.    Heard the learned counsel for the parties.
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                                          C/W CRL.RP No. 463 of 2019
                                              CRL.RP No. 465 of 2019
HC-KAR                                                 AND 1 OTHER




      3.    Respondent     herein         had   initiated   four   separate

proceedings against Company known as "Fortune Graphics

Ltd," and the petitioner herein, who is the Director of the

aforesaid Company for offence punishable under Section 138 of

Negotiable Instruments Act, 1881 (for short, 'N.I. Act') before

the   jurisdictional   Court   of     Magistrate      at    Bangalore    in

C.CNo.17202 of 2012, 17203 of 2012, 17204 of 2012 and

17205 of 2012. It is the case of the respondent complainant

that in the month of July 2011, petitioner herein had

approached the respondent, representing himself to be the

Director of the accused no.1 Company and had placed orders

for purchase of silk fabric. Accordingly, complainant had

supplied goods worth ₹.58,01,162.25 paisa to the accused and

on receipt of the goods, an amount of ₹.15,50,455.25 paisa

was paid and towards balance amount of ₹.42,50,707/-,

accused had issued the cheques in question, which are subject

matter of proceedings in C.C.No.17202 of 2012, 17203 of

2012, 17204 of 2012 and 17205 of 2012 and the said cheques

when presented for realisation were dishonoured by the drawee

bank with a shara "insufficient funds" in the bank account of
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HC-KAR                                                  AND 1 OTHER


the accused. The legal notice that was got issued on behalf of

the respondent to the accused thereafter was served and since

accused had failed to repay the amount covered under the

cheques in question, in spite of service of legal notice,

proceedings were initiated against accused nos.1 and 2 by the

respondent in the aforesaid four cases for offence punishable

under Section 138 of the N.I. Act.


        4.      In the said proceedings, by a common judgment

and order, the accused were convicted for offence punishable

under        Section   138   of   N.I.   Act   and   sentenced   to   pay

₹.40,00,000/-, ₹.9,40,000/-, ₹.20,00,000/- and ₹.12,00,000/-

in C.C.No.17202 of 2012, CC No. 17203 of 2012, 17204 of

2012 and 17205 of 2012 respectively with interest at 9% per

annum from the date of cheque till payment of the entire

amount. The said judgment and order of conviction and

sentence passed by the Trial Court in the aforesaid four cases

was confirmed by the Appellate Court by separate judgment

and order dated 27.02.2019 passed in Criminal Appeal No.361

of 2016, 362 of 2016, 363 of 2016 and 364 of 2016. Assailing

the judgment and order of conviction and sentence passed in
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                                           CRL.RP No. 465 of 2019
HC-KAR                                              AND 1 OTHER


the aforesaid four cases, accused no. 2 is before this Court in

these four revision petitions.


      5.    Learned counsel for the petitioner after arguing the

matter for sometime submits that, as against accused no.1

Company, liquidation proceedings has been initiated by the

respondent company herein which is pending consideration

before the National Company Law Tribunal, New Delhi, Special

Bench in Company Petition No. (IB) 245 (PB) / 2018. He

submits that, petitioner, who is accused no.2 is one of the

Director of the accused no.1 Company and is ready and willing

to pay the cheque amount to the respondent Company, if some

reasonable time is granted. He submits that, 50% of the

cheque amount, which is deposited by the petitioner has been

already withdrawn by the respondent Company. He has placed

reliance on the judgment of the Hon'ble Supreme Court in the

case of SANJABIJ TARI V KISHORE S. BORCAR & ANR -

2025 INSC 1158 and submits that for payment of the balance

cheque amount with applicable interest as stated in the case of

SANJABIJ TARI (supra), five monthly instalments may be

granted.
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                                         CRL.RP No. 465 of 2019
HC-KAR                                            AND 1 OTHER




     6.     Per contra, learned counsel for the respondent has

argued in support of the impugned judgment and order and

submits that, as on the date the impugned judgment and

orders were passed, the judgment in the case of SANJABIJ

TARI (supra), was not in existence and therefore, the principle

laid down in the said judgment cannot be made applicable to

the case on hand. He submits that, proceedings were initiated

against the accused in the present case in the year 2012 and

till date only 50% of the cheque amount has been received by

the respondent. The transaction has been proved by the

respondent by producing necessary oral and documentary

evidence before the Trial Court and the accused have not

disputed the transaction or the issuance of the cheques in

question. He also submits that ratio decidendi laid down by the

Hon'ble Supreme Court in the case of SANJABIJ TARI (supra)

cannot be made applicable to facts and circumstances of the

present case. Accordingly, he prays to dismiss the petitions.


     7.     It is not in dispute that the signature found in the

cheques in question is of the petitioner herein and it is also not

in dispute that the cheques were drawn on the account of
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 HC-KAR                                                  AND 1 OTHER


accused no.1 Company maintained by it in Kotak Mahindra

Bank, Axis Bank Ltd and Punjab National Bank Ltd. The Hon'ble

Supreme Court in the case of DAMODAR S. PRABHU V

SAYED BABALAL H - (2010) 5 SCC 663 had framed certain

guidelines   for   compounding          of    the   offences      under      the

Negotiable Instruments Act. In the case of SANJABIJ TARI

(supra), the Hon'ble Supreme Court has revisited the guidelines

laid down by it earlier in the case of DAMODAR S PRABHU

(supra) and in paragraph nos.37, 38 and 39 it is observed as

follows.

             "37. It is pertinent to mention that this Court framed
      guidelines for compounding offences under the NI Act nearly
      fifteen years back in Damodar S.Prabhu (supra). The relevant
      portion of the said Judgment is reproduced hereinbelow:-

                              "THE GUIDELINES

             (i) In the circumstances, it is proposed as follows:

             (a) That directions can be given that the writ of
             summons be suitably modified making it clear to the
             accused   that    he   could    make   an   application   for
             compounding of the offences at the first or second
             hearing of the case and that if such an application is
             made, compounding may be allowed by the court
             without imposing any costs on the accused.

             (b) If the accused does not make an application for
             compounding as aforesaid, then if an application for
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HC-KAR                                                AND 1 OTHER


         compounding is made before the Magistrate at a
         subsequent    stage,   compounding     can   be   allowed
         subject to the condition that the accused will be
         required to pay 10% of the cheque amount to be
         deposited as a condition for compounding with the
         Legal Services Authority, or such authority as the court
         deems fit.

         (c) Similarly, if the application for compounding is
         made before the Sessions Court or a High Court in
         revision or appeal, such compounding may be allowed
         on the condition that the accused pays 15% of the
         cheque amount by way of costs.

         (d) Finally, if the application for compounding is made
         before the Supreme Court, the figure would increase to
         20% of the cheque amount.

             xxx                    xxx                    xxx

         24. We are also conscious of the view that the judicial
         endorsement of the abovequoted Guidelines could be
         seen as an act of judicial law-making and therefore an
         intrusion into the

         legislative domain. It must be kept in mind that
         Section 147 of the Act does not carry any guidance on
         how to proceed with the

         compounding of offences under the Act. We have
         already explained that the scheme contemplated under
         Section 320 CrPC Criminal Appeal No.1755/2010 Page
         18 of 19 cannot be followed in the strict sense. In view
         of the legislative vacuum, we see no hurdle to the
         endorsement of some suggestions which have been
         designed to discourage litigants from unduly delaying
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HC-KAR                                                  AND 1 OTHER


            the composition of the offence in cases involving
            Section 138 of the Act.

            25. The graded scheme for imposing costs is a means
            to encourage compounding at an early stage of
            litigation. In the status quo, valuable time of the court
            is spent on the trial of these cases and the parties are
            not liable to pay any court fee since the proceedings
            are governed by the Code of Criminal Procedure even
            though the impact of the offence is largely confined to
            the private parties. Even though the imposition of
            costs by the competent court is a matter of discretion,
            the scale of costs has been suggested in the interest of
            uniformity. The competent court can of course reduce
            the costs with regard to the specific facts and
            circumstances of a case, while recording reasons in
            writing for such variance. Bona fide litigants should of
            course contest the proceedings to their logical end.

            26. Even in the past, this Court has used its power to
            do   complete   justice   under    Article    142   of   the
            Constitution to frame guidelines in relation to the
            subject-matter where there was a legislative vacuum."

           38. Since a very large number of cheque bouncing
     cases are still pending and interest rates have fallen in the
     last few years, this Court is of the view that it is time to
     'revisit and tweak the guidelines'. Accordingly, the aforesaid
     guidelines of compounding are modified as under:-

            (a) If the accused pays the cheque amount before
            recording of his evidence (namely defence evidence),
            then the Trial Court may allow compounding of the
            offence without imposing any cost or penalty on the
            accused.
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HC-KAR                                                   AND 1 OTHER


            (b) If the accused makes the payment of the cheque
            amount post the recording of his evidence but prior to
            the pronouncement of judgment by the Trial Court, the
            Magistrate may allow compounding of the offence on
            payment of additional 5% of the cheque amount with
            the Legal Services Authority or such other Authority as
            the Court deems fit.

            (c) Similarly, if the payment of cheque amount is made
            before the Sessions Court or a High Court in Revision
            or Appeal, such Court may compound the offence on
            the condition that the accused pays 7.5% of the
            cheque amount by way of costs.

            (d) Finally, if the cheque amount is tendered before
            this Court, the figure would increase to 10% of the
            cheque amount.

           39. This Court is of the view that if the Accused is
     willing to pay in accordance with the aforesaid guidelines, the
     Court may suggest to the parties to go for compounding. If
     for any reason, the financial institutions/complainant asks for
     payment other than the cheque amount or settlement of
     entire loan or other outstanding dues, then the Magistrate
     may suggest to the Accused to plead guilty and exercise the
     power under Section 255(2) and/or 255(3) of the Cr.P.C. or
     278 of the BNSS, 2023 and/or give the benefit under the
     Probation of Offenders Act, 1958 to the Accused."



     8.    The petitioner, who is accused no.2 in the present

case has submitted that he is ready and willing to compound

the offence as provided in Clause (e) of paragraph no.38 in the
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HC-KAR                                             AND 1 OTHER


case of SANJABIJ TARI (supra),. However, learned counsel

for the respondent submits that, he is not agreeable for the

settlement proposed by the petitioner.

     9.    The   Hon'ble   Supreme       Court   in   the   case   of

SANJABIJ TARI (supra), has observed that, if for any reason

the complainant asks for payment other than the cheque

amount or settlement of entire amount or other outstanding

dues, then the Courts are at liberty to suggest to the accused

to plead guilty and exercise the powers under Section 255(2)

and/or 255(3) of Cr.P.C, or 278 of the BNSS, 2023 and/or give

the benefit under the Probation of Offenders Act, 1958.



     10.   The cheque amount with cost at 7.5% of the

cheque amount totally amounts to Rs.43,73,250/-, petitioner

has already deposited 50% of the cheque amount and

undisputedly the respondent has withdrawn the same. Under

the circumstances, if the petitioner is directed to deposit the

balance of the cheque amount and also pay costs at the rate of

7.5% of the cheque amount as provided in the judgment of the

Hon'ble Supreme Court in the case of SANJABIJ TARI (supra),

the same would serve the ends of justice.
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 HC-KAR                                                     AND 1 OTHER




       11.      Accordingly, the following:-

                                    ORDER

i. Criminal Revision Petitions are partly allowed.

ii. The impugned judgment and order of conviction passed by the Courts below in all the four cases are confirmed and the order of sentence passed in the said cases is modified and the petitioner is directed to pay a total sum of Rs.43,73,250/- to the respondent inclusive of the amount already deposited.

iii. The balance amount shall be paid by the petitioner to the respondent in five equated monthly instalments commencing from 01.03.2026.

Sd/-

(S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 53