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Karnataka High Court

M/S. Chiguru Irrigation Systems vs M/S. Vedanta Irrigation System Pvt Ltd on 29 January, 2026

                                                  -1-
                                                                  NC: 2026:KHC:4779
                                                            CRL.A No. 111 of 2026


                      HC-KAR



                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 29TH DAY OF JANUARY, 2026

                                                BEFORE

                                THE HON'BLE MR. JUSTICE G BASAVARAJA

                                 CRIMINAL APPEAL NO.111 OF 2026 (A)

                      BETWEEN:

                      M/S. CHIGURU IRRIGATION SYSTEMS
                      HAVING A OFFICE AT THAMLAPURA VILLAGE
                      KASABA HOBLI, HASSAN DISTRICT-573201.

                      ALSO AT:
                      DOOR NO.226, NAIDU WORKSHOP ROAD
                      NEAR RAGHAVENDRA MATTA,
                      NORTH EXTENSION, HASSAN-573201.
                      REP. BY ITS PROPRIETOR SRI ANAND.
                                                                        ...APPELLANT

                      (BY SRI RAGHAVENDRA H.S., ADVOCATE)

                      AND:

                      M/S. VEDANTA IRRIGATION SYSTEM PVT. LTD.,
                      HAVING ITS OFFICE AT NO.111,
Digitally signed by   7TH MAIN, 3RD PHASE,
MAHALAKSHMI B M
                      PEENYA INDUSTRIAL AREA,
Location: HIGH
COURT OF              BENGALURU-560 058.
KARNATAKA             REP. BY ITS DIRECTOR
                      MR. HANMATH RAO SUDHIR
                      & RAGHU B.A.
                                                                      ...RESPONDENT

                            THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
                      CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
                      ORDER PASSED BY THE LXVI ADDL. CITY CIVIL AND SESSIONS
                      JUDGE AT BENGALURU IN CRL.A.NO.412/2023 BY ALLOWING THIS
                      PETITION.

                           THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT
                      WAS DELIVERED THEREIN AS UNDER:
                                -2-
                                              NC: 2026:KHC:4779
                                         CRL.A No. 111 of 2026


HC-KAR



CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                      ORAL JUDGMENT

The appellant-accused has preferred this appeal against the judgment passed by the LXVI Additional City Civil and Sessions Judge, Bengaluru City (CCH-67) in Crl. A. No.412/2023 dated 13.11.2025.

2. The respondent-M/s. Vendanta Irrigation System Pvt. Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881. The same was registered in C.C. No.17470/2021. The Trial Court convicted the accused for the offence punishable under Section 138 of NI Act and sentenced him to pay a fine of ` 5,77,404/-. Being aggrieved by the judgment of conviction and order on sentence, the accused preferred an appeal before the LXVI Additional City Civil and Sessions Judge, Bengaluru in Crl. A. No.412/2023, which came to be dismissed on 13.11.2025, thereby confirming the judgment of conviction and order on sentence passed -3- NC: 2026:KHC:4779 CRL.A No. 111 of 2026 HC-KAR by the Trial Court in C.C. No.17470/2021 dated 13.03.2023.

3. The office has raised office objection regarding maintainability of the appeal, contending that the appellant has challenged the order of conviction passed by the Additional Chief Metropolitan Magistrate, which has already been confirmed by the Sessions Court. The present appeal under Section 378 (1) of Code of Criminal Procedure, 1973 is not maintainable against concurrent findings of the Trial Court and Appellate Court. Hence, I proceed to pass the following:

ORDER i. The criminal appeal is dismissed as not maintainable.
ii. However, the appellant is at liberty to challenge the judgment of conviction passed by the Trial Court and affirmed by the Appellate Court before the competent Court in accordance with law. -4-
NC: 2026:KHC:4779 CRL.A No. 111 of 2026 HC-KAR iii. The office is directed to return the certified copies of the judgment and other documents, if any, to the appellant.
iv. The appellant is permitted to avail the benefit of Section 14 of the Indian Limitation Act, 1963.
Sd/-
(G BASAVARAJA) JUDGE MBM List No.: 1 Sl No.: 10