A COMPANY REGISTERED UNDER THE
COMPANY'S ACT 1956, THROUGH ITS
AUTHORISED REPRESENTATIVE
HAVING ITS REGISTERED OFFICE AT NO. 5,
14TH MAIN, 14TH A CROSS, WEST OF CHORD
ROAD, 2ND STAGE, 2ND PHASE,
BANGALORE -560 086

... RESPONDENTS

(BY SRI PUTTIGE R RAMESH, SENIOR ADVOCATE FOR
SMT. LAKSHMI E, ADVOCATE FOR R-1)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO a) QUASH THE IMPUGNED ORDER DATED 23.02.2026 PASSED IN CC.NO.31986/2009 PENDING BEFORE 22ND ACMM BANGALORE AND DECLARE THAT THE APPELLATE ORDER DATED 14.10.2022 IS NOT EST, VOID AND NON-ENFORCEABLE IN LAW, BEING AN ORDER OF NULLITY; OR IN THE ALTERNATE b) SET ASIDE THE IMPUGNED ORDER DATED 23.02.2026 PASSED IN CC.NO.31986/2009 AND REMIT THE MATTER TO THE LEARNED EXECUTION COURT WITH A DIRECTION TO ADJUDICATION, ON MERITS, THE PLEA OF NULLITY AND NON-EXECUTABILITY OF THE APPELLATE ORDER DATED 14.10.2022 AS RAISED BY THE PRESENT PETITIONER.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 27.03.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CAV ORDER

ON

MAINTAINABILITY

The petitioner is before this Court seeking the following prayers:

(a) QUASH the impugned order dated 23-02-2026 passed in C.C. No.31986 of 2009 pending before 22nd ACMM, Bengaluru and declare that the Appellate Order dated 14-10-2022 is non est, void and non-enforceable in law being an order of nullity;

OR IN THE ALTERNATIVE

(b) Set aside the impugned order dated 23-02-2026 passed in C.C.No.31986 of 2009 and remit the matter to the learned Execution Court with a direction to adjudicate, on merits, the plea of nullity and non-executability of the Appellate Order dated 14-10-2022 as raised by the present petitioner.

(c) Grant such other or further reliefs as this Hon’ble Court may deem fit in the interests of justice and equity.”

2. Heard Ms. Nisha Tiwari, learned counsel appearing for petitioner and Sri Puttige R Ramesh, learned senior counsel appearing for respondent No.1.

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

3. The petitioner has been before this Court not in one, but two petitions. The first being Writ Petition No.16395 of 2023 and the second being Writ Petition No.14332 of 2024. Therefore, it would suffice if the facts as narrated in Writ Petition No.16395 of 2023 are narrated and the aftermath is then noticed. Brief facts as adumbrated in W.P.No.16395 of 2023 are as follows:

“…. …. ….

The 2nd respondent - M/s Spectra Lamps Private Limited comes to be incorporated on 02-01-1995 with the petitioner and his wife as its Directors. The business of the Company was manufacturing of tube lights and other lighting equipments. At the relevant point in time, it is the claim of the petitioner that when the Company was represented by one C. Hemanth Kumar, the 3rd respondent herein, he had entered into a loan agreement whereby he had agreed to lend a sum of ₹1,21,00,000/- to the Company and to clear the outstanding loan of the Company payable to the Karnataka State Financial Corporation. It is the claim of the petitioner that the 3rd respondent, as a measure of security, was to retain the title documents of certain properties along with blank signed forms. Disputes emerge between the petitioner and the 3rd respondent, all of which lead to the 3rd respondent registering a private complaint under Section 200 of the Cr.P.C., which then becomes a criminal case in C.C.No.31986 of 2009. The learned Magistrate in terms of the judgment dated 04-02-2015 acquits accused Nos.1 and 2, the Company and its Managing Director – the present petitioner and his wife of the offences punishable under Section 138 of the Negotiable Instruments Act, 1988 (‘the Act’ for short).

4. The acquittal was called in question by the 3rd respondent before this Court in Criminal Appeal No.422 of 2015. This Court in terms of its order dated 14-10-2022 upturns the acquittal and convicts accused 1 and 2, the Company and the petitioner. The petitioner challenges the said order be