IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.286/2017 BETWEEN:
1. M/S. VIRTUE CONSUMER PRODUCTS PVT. LTD. NO.919, 2ND CROSS 5TH MAIN, M C LAYOUT VIJAYANAGAR BENGALURU-560 040 REPRESENTED BY ITS MANAGING DIRECTOR SRIDHAR D.
2. SRIDHAR D.
AGED ABOUT 39 YEARS S/O DORAIRAJ MANAGING DIRECTOR M/S VIRTUE CONSUMER PRODUCTS PVT.LTD. NO.919, 2ND CROSS 5TH MAIN, M C LAYOUT VIJAYANAGAR BENGALURU-560 040 3. MRS. S HEMAMALINI AGED ABOUT 39 YEARS S/O DORAIRAJ MANAGING DIRECTOR M/S VIRTUE CONSUMER PRODUCTS PVT.LTD.
NO.919, 2ND CROSS 5TH MAIN, M C LAYOUT VIJAYANAGAR BENGALURU-560 040. ... PETITIONERS (BY SRI. S.N.RANGANATH & SRI. B.S.MANJUNATH ADVCOATES) AND:
DEEPAK S KAKKAD AGED ABOUT 42 YEARS S/O SURESH CHAND G KAKKAD, NO.134, S-2 RAJYOG APT, 1ST CROSS CENTRAL EXCISE LAYOUT VIJAYANAGAR BENGALURU-560 040. ... RESPONDENT (BY SRI. DHARMAPAL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C. PLEASED TO SET ASIDE THE JUDGMENT DATED 29.01.2016 AND SET ASIDE THE JUDGMENT DATED 16.1.2017 AND ACQUIT THE PETITIONERS.
THIS CRIMINAL REVISION PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER By virtue of an order dated 27.06.2018, on request of both the counsel, the matter has been referred to Bengaluru Mediation Centre.
2. The Managing Director of M/s. Virtue Consumer Products Private Limited, petitioner No.2/accused No.2 and another Managing Director Mrs. S. Hemamalini are present before the Court.
3. The respondent/complainant Deepak S. Kakkad is also present before this Court. By a letter dated 07.09.2018, the Director of Bengaluru Mediation Centre has intimated that after holding several mediation sessions, the Mediator has reported that the parties have agreed for settlement of all the cases, in terms the parties have entered into a settlement agreement in the case. The memorandum of settlement under Section 141 of the Negotiable Instruments Act read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is also submitted. The said settlement has been signed by both the accused persons as well as the complainant. It is also signed by learned counsel for the petitioners/accused persons as well as learned counsel for the respondent. Both the parties who are present before the Court submit that they are not having any objection to accept the mediation agreement settled between the parties in terms of settlement entered into therein.
4. It is submitted by both the parties that they have agreed to settle all the cases for a total sum of Rs.45,00,000/- and the respondent/complainant is also permitted to withdraw Rs.10,55,704/- deposited by the petitioners before the Court below. They have also agreed to pay the balance amount of Rs.34,44,296/- by way of Demand Draft within two months from the date of this agreement. But however, learned counsel for the parties have submitted that already in pursuance of the said agreement, the absolute sale deed got executed in favour of the respondent/complainant on 31.05.2019 for full and final settlement of the amount agreed between the parties for settlement of all the cases. They submit that the said agreement has been entered into without there being any coercion or undue influence or fraud. They also submit that the signature found on the said settlement in the said Mediation Report along with the settlement report is placed on record.
In terms of the said settlement, the Revision Petition is allowed. The judgment of conviction and order of sentence passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.9893/2011 dated 29.01.2016 and subsequently, confirmed by LXII Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.226/2016 dated 16.01.2017 are set aside and petitioners/accused Nos.1 to 3 are acquitted of all the charges leveled against them in the said cases.
NR/-
Sd/- JUDGE