IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY WRIT PETITION. NO. 28645 OF 2017 (GM-CPC)

BETWEEN:

1 . M/S FIRST FUTURISTIC HOLDINGS LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT NO.21, 4TH FLOOR, 1ST MAINROAD H.G.LAYOUT, GANGANAGAR ALSO AT NO.300/1B, 16TH CROSS SADASHIVANAGAR, BANGALORE - 80 AUTHORISED SIGNATORY KOVILAKUNTLA BALASUBRAMANYAM.

2 . KOVILAKUNTLA BALASUBRANYAM DIRECTOR, AGED ABOUT 34 YEARS A COMPANY INCORPORATED UNDER THE COMAPNES ACT 1956 Digitally HAVING ITS OFFICE AT signed by NANDINI M S NO.21, 4TH FLOOR, 1 MAIN ROAD Location: H.G.LAYOUT, GANGANAGAR HIGH COURT ALSO AT NO.300/1B, 16TH CROSS, OF SADASHIVANAGAR, BANGALORE - 80.

KARNATAKA

3 . KARTHIK KRISHNA RAVICHANDER ADDITIONAL DIRECTOR AGED ABOUT 30 YEARS M/S FIRST FUTURISTIC HOLDING LTD.

AND OTHERS, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT NO.21

4TH FLOOR, 1ST MAIN ROAD H G LAYOUT, GANANAGAR BANGALORE.

ALSO AT NO.262, 9TH CROSS, 3RD BLOCK, R.T.NAGAR BANGALORE - 32.

4 . VENKATARANGA RAMA LAKSHMI KOVILAKUNTLA AGED ABOUT 28 YEARS ADDITIONAL DIRECTOR M/S FIRST FUTURISTIC HOLDINGS LTD A COMPANY INCORPORATED UNDER THE COMAPNES ACT 1956 HAVING ITS OFFICE AT NO.21, 4TH FLOOR, 1 MAIN ROAD H.G.LAYOUT, GANGANAGAR BANGALORE ALSO AT NO.300/1B, 16TH CROSS SADASHIANAGAR, BANGALORE - 80 R/AT NO.88/1A, 2ND FLOOR

2ND STAGE, BASAVESHVARANAGAR BANGALORE - 79.

…PETITIONERS (BY SRI SURAJ SAMPATH, ADV.)

AND:

M/S SLV ELECTRICAL AND PLUMBING REP. BY ITS PROPRIETOR MISS JAYANTHI D/O ETHIRAJULU AGED ABOUT 42 YEARS OFFICE AT NO.4, BEHIND ANNAPURESHWAR TEMPLE, KOGILU, YELAHANKA BANGALORE - 560 064.

…RESPONDENT (V/O/D 24.09.2025, SERVICE OF NOTICE TO RESPONDENT IS H/S) THIS W.P. IS FILED UNDER QUASH THE IMPUGNED ORDER PASSED BY THE LII ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY ON 19.4.2017 IN EX. 872/2016 AT ANNEX-J.

THIS PETITION, HAVING BEEN RESEREVED FOR ORDERS ON

09.10.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CAV ORDER

(PER: HON'BLE MR JUSTICE S VISHWAJITH SHETTY)

1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners with a prayer to quash the order dated 19.04.2017 passed in Execution Case No.872/2016 by the Court of LII Addl. City Civil and Sessions Judge (CCH-53), Bengaluru.

2. Heard the learned counsel for the petitioners. Respondent, who is served in the matter has remained unrepresented before this Court.

3. Brief facts of the case leading to filing of this writ petition are, petitioners herein had issued certain cheques to the respondent, who is a Contractor, towards the work done and it appears that the said cheques on presentation for realization were dishonoured by the drawee bank and therefore, respondent had initiated criminal proceedings against the petitioners before the jurisdictional Court of Magistrate for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, in CC No.7278/2015. During the pendency of the said case, the matter was settled by the parties before the Lok-adalath and compounding application was also filed before the Lok-adalath which was signed by the parties and their learned Advocates and based on the compounding application filed before the Lok-adalath, the complaint was disposed off in terms of the compounding application/joint memo and the accused were acquitted of the offence punishable under Section 138 of the N. I. Act. Since accused had failed to honour the cheques which were issued to the respondent under the compounding application/joint memo, respondent had filed Execution Case No.872/2016 to enforce the award passed in CC No.7278/2015 by the Lok-adalath and in the said proceedings, the petitioners herein had filed IA No.1 and 2 with a prayer to dismiss the Execution Petition as not maintainable and also requested the Executing Court to hold an enquiry with regard