LAWS(KAR)-2011-3-363

SURABHI TECHNOLOGIES, REPRESENTED BY ITS PROPRIETOR, SRI K. SRINATH, S/O LATE A.S. KRISHNAMURTHY Vs. Y.S. CONSULTING PVT. LTD. SRI K.R. LAKSHMIKANTH CHIEF EXECUTIVE OFFICER, Y.S. CONSULTING PVT. LTD. AND SRI N. GURUDATTA, S/O S. NARAYANA RAO, DI

Decided On March 14, 2011
Surabhi Technologies, Represented By Its Proprietor, Sri K. Srinath, S/O Late A.S. Krishnamurthy Appellant
V/S
Y.S. Consulting Pvt. Ltd. Sri K.R. Lakshmikanth Chief Executive Officer, Y.S. Consulting Pvt. Ltd. And Sri N. Gurudatta, S/O S. Narayana Rao, Di Respondents

JUDGEMENT

(1.) THESE two criminal revision petitions are filed in respect of the judgment dated 16.11.2009 passed in CC. No. 1979/2009 by the 16th ACMM, Bangalore's convicting the accused for the offence under Section 138 of the Negotiable Instrument Act and directing them to pay Rs. 16,50,000/ - on certain installments. The accused have filed appeal in Crl. A. No. 464/2010 which came to be allowed in part by judgment dated 18.06.2010 passed by the Additional Sessions Judge and FTC - XIV, Bangalore City. The accused has challenged the said order in Crl. R.P. No. 1151/2010. The complainant has filed Crl. R.P. No. 1407/2010 challenging the judgment of the appellate Court modifying the order of the trial Court. The complainant and accused are present before the Court and they have filed a joint memo under Section 147 of the Negotiable Instruments Act and submit that the matter has been compromised. As per the joint memo, it is stated that the accused have issued the cheque for a sum of Rs. 2,50,000/ - dated 15.04.2011 and and cheque for a sum of Rs. 5,00,000/ - dated 15.05.2011 and the accused undertakes to honor the said cheques when presented, in the event of non -realisation of the said cheques, sentence of imprisonment as ordered by the trial Court shall be restored. The matter is disposed of in terms of the joint memo fifed by the accused and the complainant. Both the Criminal Revision Petitions are disposed of in the above terms.