NO.849, 80 FEET ROAD, 8 v. M/S RAJESH EXPORTS LTD
Case at a glance
Outcome
Disposed of
Magistrate, the petition stands disposed of, accepting the joint memo and
Provisions considered
- Code of Criminal Procedure, 1973 ss. 200, 482
- Negotiable Instruments Act, 1881 s. 138
Key paragraphs
- Para 44. The said joint memo is placed on record. Accordingly, with modification of the order passed by the learned Magistrate, the petition stands disposed of, accepting the joint memo and quashing the proceedings in C.C.No.16683/2010 on the file of XV ACMM, Bangalore. 4 In case…
Judgment
THE HON'BLE MR. JUSTICE SUBHASH B ADI CRL.P No.6852/2011 BETWEEN : 1 M/S PRISHA PROPERTIES INDIA(P) LTD NO.849, 80 FEET ROAD, 8TH BLOCK KORAMANGALA BANGALORE 95 REP.BY MANAGING DIRECTOR SRI C.D SANJAY RAJ S/O CH DEVARAJ R/AT NO.4, BENSON TOWN BANGALORE 44 2 SRI K PRATAP EX-MANAGING DIRECTOR M/S PRISHA PROPERTIES INDIA (P) LTD., NO.849, 80 FEET EROAD, 8TH BLOCK KORMANAGLAA BANGALORE 95. ...PETITIONERS ( By Sri. M/S TOMY SEBASTAIN ASSTS, ADVS. ) AND : M/S RAJESH EXPORTS LTD O/A NO.4, BATAVIA CHAMBERS KUMARA KRUPA ROAD, KUMARA PARK EAST BANGLAORE 1 REP.BY ITS AUTHORIZED 2 REPRESENTATIVE MR N NANJUNDA SWAMY ...RESPONDENT ( By Sri. P RAJU, ADV. ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC. PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C. NO. 16683/10 ON THE FILE OF THE XV ADDL. CMM, BANGALORE INCLUDING THE ORDER DATED 24.2.10 REGISTERING THE CASE AGAINST THE PETITIONERS FOR THE OFFENCE P/U/SEC.138 OF N.I. ACT. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R Petitioners, who are accused Nos.1 & 2, have sought for quashing of proceedings in CC No.16683/2010 pending on the file of XV Additional Chief Metropolitan Magistrate, Bangalore, and the order dated 24.02.2010.
The respondent has filed a private compliant under Section 200 Cr.P.C. for the offence punishable under Section 138 of Negotiable Instrument Act. After the learned Magistrate ordered for issue of summons, this petition has been filed. 3
After arguing for some time, a joint memo signed by both the counsel has been filed interalia the petitioners herein admitting that they had taken loan of Rs.2,40,00,000/- and the interest worked out was Rs.24,00,000/- and in all, there was a due of Rs.2,64,00,000/-. The respondent has also admitted that he has received Rs.2,00,00,000/- by way of Demand Draft dated 29.07.2010. Both parties have also admitted and acknowledged that the petitioners - accused would pay balance amount as agreed with 24% interest per annum. The respondent - complainant had also agreed to execute a Deed of Revocation of Mortgage by deposit of title and return all the documents of title deposited and covered by the mortgage deed dated 11.02.2009. Accused had agreed to make payment of balance amount within 30 days from today.
Operative part
The said joint memo is placed on record. Accordingly, with modification of the order passed by the learned Magistrate, the petition stands disposed of, accepting the joint memo and quashing the proceedings in C.C.No.16683/2010 on the file of XV ACMM, Bangalore. 4 In case there is a default on the part of the petitioners - accused in making the payment of balance amount as agreed under the joint memo, it is open to the respondent – complainant to seek revival of the proceedings before the learned Magistrate. Sd/- JUDGE KNM/hr/-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Magistrate, the petition stands disposed of, accepting the joint memo and
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 200, 482; Negotiable Instruments Act, 1881 — s. 138.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.