Karnataka High Court
M/S.Basai Steels And Power Pvt. Ltd vs M/S.Maruthi Constructions A on 9 January, 2017
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
IN THE HIGH COURT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 9 T H DAY OF JANUARY 2017
BEFORE
THE HON'BLE MR. JUS TICE S.N. SA TYANARAYANA
CRL.P.NO .100741/2014
C/W.
CRL.P.NO .100742/2014
BETWEEN:
1. M/S.BASAI S TEELS & POWER PVT. LTD
D NO. 59, D 1, 3RD MAIN ROAD
PARWATH I NAGAR,
BELLARY R/BY ITS MANAGING D IRECTO R
SHRI GOPAL AGARWAL S/O. LA TE
NATHMAL JA IN,
AGE: 58 YEARS
2. GOPAL AGARWAL S/O. LA TE NA THMAL JA IN
AGE: 58 YEARS ,
OCC: MANAGING DIRECTOR
M/S.BASAI S TEELS & POWER PVT. LTD
R/O. PLO T NO. 22, ROAD NO.5
MAHENDRA HILLS, EAS T MAREDPALLY ,
SECUNDERABAD (AP)
3. PIYUSH AGARWAL S/O . GOPAL AGARWAL
AGE: 29 YEARS , OCC: DIRECTOR
M/S.BASAI S TEELS & POWER PVT. LTD
R/O. PLO T NO. 22, ROAD NO.5
MAHENDRA HILLS, EAS T MAREDPALLY ,
SECUNDERABAD (AP)
4. PUSHPA AGARWAL W/O. GOPAL AGARWAL
AGE: 52 YEARS , OCC: DIRECTOR
2
M/S.BASAI S TEELS & POWER PVT. LTD
R/O. PLO T NO. 22, ROAD NO.5
MAHENDRA HILLS, EAS T MAREDPALLY ,
SECUNDERABAD (AP)
5. MRUDUL AGARWAL S/O. GOPAL AGARWAL
AGE: 26 YEARS , OCC: DIRECTOR
M/S.BASAI S TEELS & POWER PVT. LTD
R/O. PLO T NO. 22, ROAD NO.5
MAHENDRA HILLS, EAS T MAREDPALLY ,
SECUNDERABAD (AP)
... COMMON PETITIONERS
(BY SRI V M SHEELVANT, ADVOCATE.)
AND
M/S.MARUTHI CONS TRUCTIONS
A PARTNERSHIP F IRM
R/BY ITS PARTNER
SHRI RAMAKRISHNA RAO S/O. Y ESUNATH RAO
AGE: 36 YEARS ,
R/O. FLA T NO. 311, RAGHA ANAND
APARTMENTS , 2 N D CROSS,
VIDYA NAGAR, CANTONMENT,
BELLARY
... COMMON RESPONDENT
(BY SRI J BASAVARAJ & B.C.JNANAYYA SWAMI,
ADVOCATES.)
CRIMINAL PETITION NO .100741/2014 IS FILED
UNDER SECTION 482 OF CR.P.C. S EEKING TO QUASH
THE ENTIRE PROCEED INGS AGAINS T THE
PETITIONERS IN C.C.NO.618/2013 (PCR NO.88/2013)
PENDING ON THE FILE OF THE II-ADDL. CIVIL JUDGE
& JMFC COURT, BELLARY , REGIS TERED FO R THE
OFFENCES PUNISHABLE UNDER SECTION 138 OF
N.I.ACT, INCLUDING THE ORDER OF ISSUING
PROCESS DA TED 13.8.2013, ETC.,.
3
CRIMINAL PETITION NO .100742/2014 IS FILED
UNDER SECTION 482 OF CR.P.C. S EEKING TO QUASH
THE ENTIRE PROCEED INGS AGAINS T THE
PETITIONERS IN C.C.NO.620/2013 (PCR NO.87/2013)
PENDING ON THE FILE OF THE II-ADDL. CIVIL JUDGE
& JMFC COURT, BELLARY , REGIS TERED FO R THE
OFFENCES PUNISHABLE UNDER SECTION 138 OF
N.I.ACT, INCLUDING THE ORDER OF ISSUING
PROCESS DA TED 13.8.2013, ETC.,.
THESE PETITIONS COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The accused in C.C.Nos.618 and 620 of 2013, on the file of II Addl. Civil Judge and JMFC, Ballari, have come up in these two criminal petitions seeking quashing of the aforesaid proceedings.
2. Admittedly the accused and complainant are same in both the proceedings in C.C.Nos.618 and 620 of 2013. The records would disclose that the petitioners in these two criminal petitions are common accused Nos.1 to 5 in both criminal proceedings in the trial Court. The said 4 proceedings is initiated against them for issuance of two cheques each for a sum of fifty lakh rupees and causing dishonour of the same when they were presented for realization. Hence the proceedings for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, is initiated under Section 200 of Cr.P.C.
3. The records would further disclose that the Court below after recording the sworn statement of the complainant has taken cognizance of the offence punishable under Section 138 of N.I.Act and has set down the matter for recording of evidence. At that juncture these two petitions are filed seeking quashing of the same on the ground that taking cognizance is erroneous.
4. However, when these criminal petitions are pending consideration, there was an attempt to settle the dispute by and between the parties, 5 wherein the petitioners No.1 to 5 in both the criminal petitions have paid a sum of forty lakh rupees, which is sent from the 1st petitioner company to the respondent complainant company through RTGS, which is accepted by the counsel for the respondent complainant. Th ereafter the payment of balance amount of sixty lakh rupees, which is total sum due under two cheques, which is subject matter of both C.C.Nos.618 and 620 of 2013, is settled in such a way that a sum of fifty lakh rupees will be paid by the petitioners No.1 to 5 in both the criminal petitions towards full and final satisfaction of one crore rupees claimed under two dishonoured cheques in both the criminal cases.
5. In that behalf a memo is also filed in both these petitions, wherein it is stated that with reference to total payment of one crore rupees, two cheques were issued for fifty lakh rupees 6 each, which has resulted in initiation of criminal petitions in both the criminal cases. In these two criminal petitions together a sum of forty lakh rupees is paid and the balance amount of fifty lakh rupees is agreed to be paid by the petitioners, which is accepted by the respondent complainant in full and final settlement. The mode and method of payment of fifty lakh rupees is shown by way of 10 post dated cheques bearing Nos.292707 to 292716, each of them maturing for payment on 5 t h day of each month i.e., from January to October 2017 and all cheques are drawn for a sum of five lakh rupees each and drawn on Axis Bank.
6. The respondent complainant in both the petitions has received copies of the memo in both the petitions and agreed that both the petitions could be allowed in quashing the proceedings in 7 C.C.Nos.618 and 620 of 2013, on the file of II Addl. Civil Judge and JMFC, Ballari.
7. Though two memos are filed, the cheques referred to in both the memos are one and the same and since there are two criminal petitions, it is hereby clarified that in both the matters the balance amount is only fifty lakh rupees and it is not one crore rupees by taking two memos independently in each petition. It is further observed that if the petitioners No.1 to 5 who are common in both the petitions commit default in honouring any one of the cheque, the order of quashing passed this day will get revoked and the proceedings in C.C.Nos.618 and 620 of 2013 on the file of II Addl. Civil Judge and JMFC, Ballari, would get restored automatically and the parties will be at liberty to prosecute the same.
8. The complainant who is present before the Court, who has accepted the terms of 8 settlement has affixed his signature to the order sheet, which is identified by his learned counsel on record Sri J.Basavaraj.
Sd/-
JUDGE Mrk/-