1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF FEBRUARY 2023

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION NO.991 OF 2023

BETWEEN

VUPPALAPATI SATISH KUMAR

S/O V. V. RAMA RAO

AGED ABOUT 47 YEARS

DIRECTOR,

M/S PRITHVI INFORMATION SOLUTIONS LTD

R/O PLOT NO.1235, ROAD NO.60

JUBILEE HILLS

HYDERABAD

... PETITIONER

(BY SRI SANDESH J. CHOUTA, SENIOR COUNSEL

FOR SRI KRISHMA NEDUNGADI, ADVOCATE)

AND

VTH SOURCE COMPONENTS PVT. LTD.

A COMPANY INCORPORATED UNDER

THE COMPANIES ACT 1956

HAVING THEIR OFFICE AT NO.67

GOVINDAPPA ROAD

BASAVANAGUDI

BANGALORE-560004

REPRESENTED BY ITS

AUTHORISED REPRESENTATIVE

MR.HEMANTH KUMAR V.

... RESPONDENT

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRAYING TO a) QUASH THE JUDGMENT DATED

02.01.2023

(ANNEXURE-A)

PASSED

BY

THE

XXVII

ADDL.C.M.M.,

BENGALURU

IN

C.C.NO.22746/2017

R

2

CONVICTINGE PETITIONER/ ACCUSED NO.2 HEREIN, FOR THE

OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE

INSTRUMENTS ACT.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 6.02.2023, THIS DAY, THE COURT

MADE THE FOLLOWING:

ORDERS ON MAINTAINABILITY

This petition is filed by the petitioner-accused No.2

under Section 482 OF Cr.P.C for setting aside the

judgment of conviction and sentence passed by the 27th

Additional Chief Metropolitan Magistrate, Bengaluru in

C.C.No.22746/2017 dated 2.1.2023 for having convicted

petitioner for the offence punishable under Section 138 of

Negotiable Instruments Act, 1881 (hereinafter referred as

'NI Act')

2.

The office raised the objection regarding

maintainability of this petition filed under section 482 of

Cr.P.C., as the petitioner being the accused convicted in

the trial court, requires to file appeal under section 374 of

Cr.P.C.

3

3. Heard, Sri. Sandesh J. Chouta, learned senior

Counsel for petitioner.

4. The learned senior counsel has contended that

the criminal petition filed under section 482 of Cr.P.C is

maintainable, even though the statutory right of the

accused for filing appeal is available, therefore filing this

petition is maintainable. Hence, prayed for over ruling the

office objections.

5. The learned counsel relied upon the judgments of

Hon'ble Supreme Court in the case of Punjab State

Warehousing Corporation Faridkot Vs Shree Durga Ji

Traders and Ors reported in (2011) 14 SCC 615 and in

case of Vijay and another Vs State of Maharashtra

and Anr reported in (2017) 13 SCC 317.

6. Having heard the arguments and perused the

records, it is an admitted fact that the accused was a

convicted accused by the trial court for the offence

punishable under Section 138 of NI Act. The contention of

4

the learned senior counsel is that while convicting the

accused No.2, who is only Managing Director of the

company but the trial court acquitted the accused No.1

who is the Company. Therefore, there is an error

committed by the trial court in acquitting the Company

from the charges and convicting only the Managing

Director, which is against the principles laid down by the

Hon'ble Supreme Court in various cases. Therefore, this

petition is maintainable under section 482 of Cr.P.C.

7. The learned senior counsel relied upon the

judgment of Hon'ble Supreme Court in Punjab State

Warehousing Corporation Faridkot Vs Shree Durga Ji

Traders and Ors reported in (2011) 14 SCC 615 where

Hon'ble Supreme Court has held that even the alternative

remedy of filing appeal is available, but there is no

absolute bar to entertain the petition under section 482 of

Cr.P.C. I have verified the judgment of Hon'ble Supreme

Court in the said cases, where the private complaint filed

by the complainant came to be dismissed for default which

5

falls under section 256 of Cr.P.C. On perusal of the

provisions of the section 256 of Cr.P.C which defines that

closing

the

proceedings

amounts

to

an

acquittal.

Therefore, an appe