IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL REVISION PETITION NO.1375/2015 BETWEEN :
1. M/s. Karishma Paradise & Hill Country Resorts (P) Limited a Company incorporated under the Companies Act, 1956, having its Registered Office at 48/1, Thurahalli Village, Subramanyapura Post, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru-560 061.
Represented by its Managing Director T.D. Suresh.
2. T.D. Suresh Managing Director Karishma Paradise & Hill Country Resorts (P) Limited, No.48/1, Thurahalli Village, Subramanyapura Post, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru-560 061.
(By Sri C.G. Shashivardhan, Advocate) … Petitioners AND :
M/s. Southern Hills Developers (P) Limited, (Formerly known as Nitesh Estates Projects (P) Limited) No.107, Andrews Building, M.G. Road, Bengaluru-560 001 Represented by its Finance Controller S. Nagabhushanam.
… Respondent (By Sri K.B. Moneshkumar, Advocate for Sri Ravi B. Naik Associates Advocate) This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C praying to set aside the finding and sentence dated 08.07.2015 in C.C.No.16928/2014 passed by the XLII Addl. Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru, and acquit the petitioners and set aside the order dated 25.11.2015 in Criminal Appeal No.1033/2015, passed by the LX Additional City Civil and Sessions Judge, (CCH-61) Bengaluru.
This Criminal Revision Petition coming on for admission this day, the Court made the following:-
O R D E R Learned counsel for the petitioners submitted that already an amount of Rs.5,50,00,000/- through cheque has been paid to the respondent-complainant.
2. The learned counsel for the respondent- complainant also submits that the said amount has been received in execution of the arbitral award. He further submits that on the said amount TDS has been deducted but the certificate to that effect has not been issued by the accused-petitioners. The learned counsel for the petitioners submits that the certificate for having paid TDS will be issued in favour of the respondent- complainant.
3. Learned counsel for the respondent submits that as the cheque amount has been received, he has no objection to acquit the accused-petitioners from the charges levelled against them. The said submission is placed on record. Accused-petitioners are directed to issue the TDS certificate as agreed, to the respondent- complainant. In terms of the compromise entered into between the parties and admittedly an amount of Rs.5,50,00,000/- has been paid by the accused- petitioners in pursuance of the arbitral proceedings, the judgment of conviction and sentence passed by XLII Additional CMM, Bengaluru City in CC.No.16928/2014, dated 8.7.2015 and confirmed by LX Additional City Civil and Sessions Judge, Bengaluru in Criminal Appeal No.1033/2015, dated 25.11.2015 is set aside and petitioners-accused are acquitted of the charges levelled against them.
Petition is disposed of accordingly.
In view of disposal of the petition, I.A.No.2/2017 is disposed of.
Sd/- JUDGE *ck/-