Karnataka High Court
M/S Mep Infrastructure Developers Ltd vs M/S Drn Infrastructure Private Limited on 18 July, 2022
Author: V.Srishananda
Bench: V.Srishananda
-1-
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.101883 OF 2022
C/W
CRIMINAL PETITION NO.101884 OF 2022,
CRIMINAL PETITION NO.101885 OF 2022 &
CRIMINAL PETITION NO.101886 OF 2022 (482)
IN CRL.P.NO.101883/2022
BETWEEN:
1. M/S MEP INFRASTRUCTURE DEVELOPERS LTD.,
REGISTERED OFFICE B1-406, BOOMRANG,
CHANDIVALI FARM ROAD,
NEAR CHANDIVALI STUDIO,
ANDHERI (EAST), MUMBAI 400072, AND A-412,
BOOMRANG, CHANDIVALI FARM ROAD,
NEAR CHANDIVALI STUDIO, ANDHERI ( EAST),
MUMBAI -400 072, AND NO. 102, SPECTRA,
ORCHARD AVENUE HIRANANDANI BUSINESS PARK,
POWAI, MUMBAI-400076, MAHARASHTRA STATE,
REP. BY ITS AUTHORISED OFFICER,
SRI. SHASHWAT SINGH S/O SANJAY SINGH,
AGE: 37 YEARS, OCC: SERVICE.
2. MRS. ANUYA JAYANT MHAISKAR
AGE.43 YEARS, OCC. BUSINESS
R/AT RIDEEMA BUNGALOW CHANDIVALI FARM,
CHANDIVALI VILLAGE, NEAR IRB COMPLEX,
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CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
SAKI VIHAR ROAD, ANDHERI (EAST),
MUMBAI-400 072.
3. MR. JAYANT DATTATRAY MHAISKAR
AGE.45 YEARS, OCC. BUSINESS
R/AT RIDEEMA BUNGALOW, CHANDIVALI FARM,
CHANDIVALI VILLAGE, NEAR IRB COMPLEX,
SAKI VIHAR ROAD, ANDHERI (EAST),
MUMBAI- 400 072.
4. MR. KHIMJI SHAMJI PANDAV
AGE ABOUT 68 YEARS, OCC. BUSINESS,
R/AT PLOT NO. 2-11, HOUSE NO.7,
PARK VIEW CHS, SECTOR-17 NERUL (EAST),
NAVI MUMBAI, NERUL NODE-III SO,
NERUL NODE-III, THANE, NAVI MUMBAI,
MAHARASHTRA STATE - 400706.
5. MR. DEEPAK YASHWANT CHITNIS
AGE ABOUT 68 YEARS, OCC. ADVOCATE,
R/AT.402, JAGANNATH,
M.V.PANDALOSKAR MARG,
NEAR PARLE TILAK VIDYALAY,
VILE PARLE (EAST), MUMBAI-400057,
MAHARASHTRA STATE.
6. MR. UTTAM SADASHIV PAWAR,
AGE ABOUT 54 YEARS, OCC. SERVICE,
R/AT.102, MARIGOOLD, KOLSHET ROAD, DHOKLI,
NEAR SIDDHESWAR GARDENS,
THANE-400607,
MAHARASHTRA STATE.
7. MRS. SHANDHYA MAHESH BORASE,
AGE ABOUT 54 YERAS, OCC. BUSINESS,
R/O AT 501/80, RANJIV, SHER-E-PUNJAB SOCIETY,
-3-
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
MAHAKALI CAVES ROAD, ANDHERI (EAST),
MUMBAI -400093, MAHARASHTRA STATE.
...PETITIONERS
(BY SRI. SRINAND A.PACHHAPURE, ADVOCATE)
AND:
M/S DRN INFRASTRUCTURE PRIVATE LIMITED,
A COMPANY REGISTERED UNDER THE COMPANIES
ACT, 2013, HAVING ITS REGISTERED OFFICE AT
'NAYAK HOUSE' # 110, 3RD FLOOR, DOLLARS
COLONY, GOKUL ROAD, HUBBALLI-580030,
KARNATAKA,
REP. BY MR. ALBERT G., AGE 54 YEARS,
OCC: CHIEF ACCOUNTANT OFFICER,
WORKING AT 'NAYAK HOUSE' 110,
3RD FLOOR, DOLLARS COLONY, GOKUL ROAD,
HUBBALLI-580030, DIST. DHARWAD.
...RESPONDENT
(BY SRI. MRUTHYUNJAY S.MATHAPATI, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO.7612/2021
PENDING ON THE FILE OF COURT OF PRINCIPAL CIVIL JUDGE
AND JMFC, HUBBALLI, REGISTERED FOR THE OFFENCE
PUNISHABLE U/S 138 OF N.I. ACT, ORDER SHEET MARKED AT
ANNEXURE-A.
-4-
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
IN CRL.P.NO.101884/2022
BETWEEN:
1. M/S MEP INFRASTRUCTURE DEVELOPERS LTD.,
REGISTERED OFFICE B1-406, BOOMRANG,
CHANDIVALI FARM ROAD,
NEAR CHANDIVALI STUDIO,
ANDHERI (EAST), MUMBAI 400072, AND A-412,
BOOMRANG, CHANDIVALI FARM ROAD,
NEAR CHANDIVALI STUDIO, ANDHERI ( EAST),
MUMBAI -400 072, AND NO. 102, SPECTRA,
ORCHARD AVENUE HIRANANDANI BUSINESS PARK,
POWAI, MUMBAI-400076, MAHARASHTRA STATE,
REP. BY ITS AUTHORISED OFFICER,
SRI. SHASHWAT SINGH S/O SANJAY SINGH,
AGE: 37 YEARS, OCC: SERVICE.
2. MRS. ANUYA JAYANT MHAISKAR
AGE.43 YEARS, OCC. BUSINESS
R/AT RIDEEMA BUNGALOW CHANDIVALI FARM,
CHANDIVALI VILLAGE, NEAR IRB COMPLEX,
SAKI VIHAR ROAD, ANDHERI (EAST),
MUMBAI-400 072.
3. MR. JAYANT DATTATRAY MHAISKAR
AGE.45 YEARS, OCC. BUSINESS
R/AT RIDEEMA BUNGALOW, CHANDIVALI FARM,
CHANDIVALI VILLAGE, NEAR IRB COMPLEX,
SAKI VIHAR ROAD, ANDHERI (EAST),
MUMBAI- 400 072.
4. MR. KHIMJI SHAMJI PANDAV
AGE ABOUT 68 YEARS, OCC. BUSINESS,
R/AT PLOT NO. 2-11, HOUSE NO.7,
PARK VIEW CHS, SECTOR-17 NERUL (EAST),
-5-
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
NAVI MUMBAI, NERUL NODE-III SO,
NERUL NODE-III, THANE, NAVI MUMBAI,
MAHARASHTRA STATE - 400706.
5. MR. DEEPAK YASHWANT CHITNIS
AGE ABOUT 68 YEARS, OCC. ADVOCATE,
R/AT.402, JAGANNATH,
M.V.PANDALOSKAR MARG,
NEAR PARLE TILAK VIDYALAY,
VILE PARLE (EAST), MUMBAI-400057,
MAHARASHTRA STATE.
6. MR. UTTAM SADASHIV PAWAR,
AGE ABOUT 54 YEARS, OCC. SERVICE,
R/AT.102, MARIGOOLD, KOLSHET ROAD, DHOKLI,
NEAR SIDDHESWAR GARDENS,
THANE-400607,
MAHARASHTRA STATE.
7. MRS. SHANDHYA MAHESH BORASE,
AGE ABOUT 54 YERAS, OCC. BUSINESS,
R/O AT 501/80, RANJIV, SHER-E-PUNJAB SOCIETY,
MAHAKALI CAVES ROAD, ANDHERI (EAST),
MUMBAI -400093, MAHARASHTRA STATE.
...PETITIONERS
(BY SRI. SRINAND A.PACHHAPURE, ADVOCATE)
AND:
M/S DRN INFRASTRUCTURE PRIVATE LIMITED,
A COMPANY REGISTERED UNDER THE COMPANIES
ACT, 2013, HAVING ITS REGISTERED OFFICE AT
'NAYAK HOUSE' # 110, 3RD FLOOR, DOLLARS
COLONY, GOKUL ROAD, HUBBALLI-580030,
KARNATAKA,
-6-
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
REP. BY MR. ALBERT G., AGE 54 YEARS,
OCC: CHIEF ACCOUNTANT OFFICER,
WORKING AT 'NAYAK HOUSE' 110, 3RD FLOOR,
DOLLARS COLONY, GOKUL ROAD,
HUBBALLI-580030, DIST. DHARWAD.
...RESPONDENT
(BY SRI. MRUTHYUNJAY S.MATHAPATI, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO.7613/2021
PENDING ON THE FILE OF COURT OF PRINCIPAL CIVIL JUDGE
AND JMFC, HUBBALLI, REGISTERED FOR THE OFFENCE
PUNISHABLE U/S 138 OF N.I. ACT, ORDER SHEET MARKED AT
ANNEXURE-A.
IN CRL.P.NO.101885/2022
BETWEEN:
1. M/S MEP INFRASTRUCTURE DEVELOPERS LTD.,
REGISTERED OFFICE B1-406, BOOMRANG,
CHANDIVALI FARM ROAD,
NEAR CHANDIVALI STUDIO,
ANDHERI (EAST), MUMBAI 400072, AND A-412,
BOOMRANG, CHANDIVALI FARM ROAD,
NEAR CHANDIVALI STUDIO, ANDHERI ( EAST),
MUMBAI -400 072, AND NO. 102, SPECTRA,
ORCHARD AVENUE HIRANANDANI BUSINESS PARK,
POWAI, MUMBAI-400076, MAHARASHTRA STATE,
REP. BY ITS AUTHORISED OFFICER,
SRI. SHASHWAT SINGH S/O SANJAY SINGH,
AGE: 37 YEARS, OCC: SERVICE.
-7-
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
2. MRS. ANUYA JAYANT MHAISKAR,
AGE.43 YEARS, OCC. BUSINESS,
R/AT RIDEEMA BUNGALOW CHANDIVALI FARM,
CHANDIVALI VILLAGE, NEAR IRB COMPLEX,
SAKI VIHAR ROAD, ANDHERI (EAST),
MUMBAI-400 072.
3. MR. JAYANT DATTATRAY MHAISKAR,
AGE.45 YEARS, OCC. BUSINESS,
R/AT RIDEEMA BUNGALOW, CHANDIVALI FARM,
CHANDIVALI VILLAGE, NEAR IRB COMPLEX,
SAKI VIHAR ROAD, ANDHERI (EAST),
MUMBAI- 400 072.
4. MR. KHIMJI SHAMJI PANDAV,
AGE ABOUT 68 YEARS, OCC. BUSINESS,
R/AT PLOT NO. 2-11, HOUSE NO.7,
PARK VIEW CHS, SECTOR-17 NERUL (EAST),
NAVI MUMBAI, NERUL NODE-III SO,
NERUL NODE-III, THANE, NAVI MUMBAI,
MAHARASHTRA STATE - 400706.
5. MR. DEEPAK YASHWANT CHITNIS,
AGE ABOUT 68 YEARS, OCC. ADVOCATE,
R/AT.402, JAGANNATH,
M.V.PANDALOSKAR MARG,
NEAR PARLE TILAK VIDYALAY,
VILE PARLE (EAST), MUMBAI-400057,
MAHARASHTRA STATE.
6. MR. UTTAM SADASHIV PAWAR,
AGE ABOUT 54 YEARS, OCC. SERVICE,
R/AT.102, MARIGOOLD, KOLSHET ROAD, DHOKLI,
NEAR SIDDHESWAR GARDENS,
THANE-400607,
-8-
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
MAHARASHTRA STATE.
7. MRS. SHANDHYA MAHESH BORASE,
AGE ABOUT 54 YERAS, OCC. BUSINESS,
R/O AT 501/80, RANJIV, SHER-E-PUNJAB SOCIETY,
MAHAKALI CAVES ROAD, ANDHERI (EAST),
MUMBAI -400093, MAHARASHTRA STATE.
...PETITIONERS
(BY SRI. SRINAND A.PACHHAPURE, ADVOCATE)
AND:
M/S DRN INFRASTRUCTURE PRIVATE LIMITED,
A COMPANY REGISTERED UNDER THE COMPANIES
ACT, 2013, HAVING ITS REGISTERED OFFICE AT
'NAYAK HOUSE' # 110, 3RD FLOOR, DOLLARS
COLONY, GOKUL ROAD, HUBBALLI-580030,
KARNATAKA,
REP. BY MR. ALBERT G., AGE 54 YEARS,
OCC: CHIEF ACCOUNTANT OFFICER,
WORKING AT 'NAYAK HOUSE' 110, 3RD FLOOR,
DOLLARS COLONY, GOKUL ROAD,
HUBBALLI-580030, DIST. DHARWAD.
...RESPONDENT
(BY SRI. MRUTHYUNJAY S.MATHAPATI, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO.7614/2021
PENDING ON THE FILE OF COURT OF PRINCIPAL CIVIL JUDGE
AND JMFC, HUBBALLI, REGISTERED FOR THE OFFENCE
PUNISHABLE U/S 138 OF N.I. ACT, ORDER SHEET MARKED AT
ANNEXURE-A.
-9-
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
IN CRL.P.NO.101886/2022
BETWEEN:
1. M/S MEP INFRASTRUCTURE DEVELOPERS LTD.,
REGISTERED OFFICE B1-406, BOOMRANG,
CHANDIVALI FARM ROAD,
NEAR CHANDIVALI STUDIO,
ANDHERI (EAST), MUMBAI 400072, AND A-412,
BOOMRANG, CHANDIVALI FARM ROAD,
NEAR CHANDIVALI STUDIO, ANDHERI ( EAST),
MUMBAI -400 072, AND NO. 102, SPECTRA,
ORCHARD AVENUE HIRANANDANI BUSINESS PARK,
POWAI, MUMBAI-400076, MAHARASHTRA STATE,
REP. BY ITS AUTHORISED OFFICER,
SRI. SHASHWAT SINGH S/O SANJAY SINGH,
AGE: 37 YEARS, OCC: SERVICE.
2. MRS. ANUYA JAYANT MHAISKAR,
AGE.43 YEARS, OCC. BUSINESS,
R/AT RIDEEMA BUNGALOW CHANDIVALI FARM,
CHANDIVALI VILLAGE, NEAR IRB COMPLEX,
SAKI VIHAR ROAD, ANDHERI (EAST),
MUMBAI-400 072.
3. MR. JAYANT DATTATRAY MHAISKAR,
AGE.45 YEARS, OCC. BUSINESS,
R/AT RIDEEMA BUNGALOW, CHANDIVALI FARM,
CHANDIVALI VILLAGE, NEAR IRB COMPLEX,
SAKI VIHAR ROAD, ANDHERI (EAST),
MUMBAI- 400 072.
4. MR. KHIMJI SHAMJI PANDAV,
AGE ABOUT 68 YEARS, OCC. BUSINESS,
R/AT PLOT NO. 2-11, HOUSE NO.7,
PARK VIEW CHS, SECTOR-17 NERUL (EAST),
- 10 -
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
NAVI MUMBAI, NERUL NODE-III SO,
NERUL NODE-III, THANE, NAVI MUMBAI,
MAHARASHTRA STATE - 400706.
5. MR. DEEPAK YASHWANT CHITNIS,
AGE ABOUT 68 YEARS, OCC. ADVOCATE,
R/AT.402, JAGANNATH,
M.V.PANDALOSKAR MARG,
NEAR PARLE TILAK VIDYALAY,
VILE PARLE (EAST), MUMBAI-400057,
MAHARASHTRA STATE.
6. MR. UTTAM SADASHIV PAWAR,
AGE ABOUT 54 YEARS, OCC. SERVICE,
R/AT.102, MARIGOOLD, KOLSHET ROAD, DHOKLI,
NEAR SIDDHESWAR GARDENS,
THANE-400607,
MAHARASHTRA STATE.
7. MRS. SHANDHYA MAHESH BORASE,
AGE ABOUT 54 YERAS, OCC. BUSINESS,
R/O AT 501/80, RANJIV, SHER-E-PUNJAB SOCIETY,
MAHAKALI CAVES ROAD, ANDHERI (EAST),
MUMBAI -400093, MAHARASHTRA STATE.
...PETITIONERS
(BY SRI. SRINAND A.PACHHAPURE, ADVOCATE)
AND:
M/S DRN INFRASTRUCTURE PRIVATE LIMITED,
A COMPANY REGISTERED UNDER THE COMPANIES
ACT, 2013, HAVING ITS REGISTERED OFFICE AT
'NAYAK HOUSE' # 110, 3RD FLOOR, DOLLARS
COLONY, GOKUL ROAD, HUBBALLI-580030,
- 11 -
CRL.P No. 101883 of 2022
C/W CRL.P.No.101884 of 2022,
CRL.P.No.101885 of 2022 &
CRL.P.No.101886 of 2022
KARNATAKA,
REP. BY MR. ALBERT G., AGE 54 YEARS,
OCC: CHIEF ACCOUNTANT OFFICER,
WORKING AT 'NAYAK HOUSE' 110, 3RD FLOOR,
DOLLARS COLONY, GOKUL ROAD,
HUBBALLI-580030, DIST. DHARWAD.
...RESPONDENT
(BY SRI. MRUTHYUNJAY S.MATHAPATI, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO.7615/2021
PENDING ON THE FILE OF COURT OF PRINCIPAL CIVIL JUDGE
AND JMFC, HUBBALLI, REGISTERED FOR THE OFFENCE
PUNISHABLE U/S 138 OF N.I. ACT, ORDER SHEET MARKED AT
ANNEXURE-A.
THESE PETITIONS COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Cases again called in the afternoon session. On behalf of complainant, Sri Mruthyunjay S.Mathapati, learned counsel present. Sri Srinand A.Pachhapure, learned counsel for the petitioners is present.
2. After hearing for some time, both the parties submit a joint memo. As per the joint memo,
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CRL.P No. 101883 of 2022 C/W CRL.P.No.101884 of 2022, CRL.P.No.101885 of 2022 & CRL.P.No.101886 of 2022 as against the total dues of Rs.4,00,00,000/-, the representative of the complainant-company admits that they have already received Rs.2,50,00,000/-. For the balance Rs.1,50,00,000/-, the petitioner- company had issued cheques. However, the authorized representative of the complainant- company submits that instead of the cheque, the balance Rs.1,50,00,000/- if paid by RTGS within two weeks, the complainant-company is willing to compound the offences and close the complaints.
3. On behalf of the petitioner company, Sri Srinand A.Pachhapure submits that time may be granted till 20 t h August, 2022 to make the RTGS payments of balance amount of Rs.1,50,00,000/-.
4. The contents of the joint memo appear to be reasonable. Accordingly, accepting the joint memo, these petitions are allowed. However in the event of default in making the entire balance sum of
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CRL.P No. 101883 of 2022 C/W CRL.P.No.101884 of 2022, CRL.P.No.101885 of 2022 & CRL.P.No.101886 of 2022 Rs.1,50,00,000/- on or before 20 t h August, 2022 by RTGS by the petitioner-company to the complainant- company, the criminal complaints which are pending on the file of Principal Civil Judge and J.M.F.C., Hubballi against the petitioners in C.C.Nos.7612, 7613, 7614 and 7615 of 2021 respectively stand automatically revived and it shall be disposed of by the learned Magistrate in accordance with law.
SD/-
JUDGE CLK