BEFORE THE CHIEF JUDICIAL METROPOLITAN MAGISTRATE, AT BANGALORE

Crl.Misc. 5331/2023

BETWEEN:

M/S G.R. CONSTRUCTIONS

A Partnership firm having its
Office at No.83/2, Shree Durga Aura,
1st Floor, 33A Cross Road, 9th Main Road,
4th Block, Jayanagar,
Bangalore-560 011
Represented by its Partners
R.M.Eshwar Naidu and Mamatha Shree ...PETITIONER

AND:

1. M/s. GRC INFRA PRIVATE LIMITED,

A Company incorporated under the Companies Act, 1956,
having its registered office at No.161/A,7th Cross,
Teachers Colony, K.S.Layout, Bangalore-560 078,
Represented by its Director,
Mr.G.Ramana Babu.

2. G. RAMANA BABU
S/o Late V Munisami Naidu,
Aged about 55 years,
R/at No.124, 3rd Main, Sun City Layout,
J.P. Nagar, VII Phase, Bangalore-560 078

Also at:

M/s. GRC INFRA PRIVATE LIMITED,

having its registered office at No.161/A,7th Cross,
Teachers Colony, K.S.Layout, Bangalore-560 078 …RSPONDENTS
 MEMORANDUM OF PETITION FILED UNDER SECTION 410 OF CODE OF
CRIMINAL PROCEDURE

The Petitioner above named humbly submits as follows:

1. The Petitioner submits that Petitioner and Respondent were the Directors

and Shareholders of M/s. GRC Infra Pvt.ltd., a Company incorporated under

the Companies Act, (hereinafter referred as the Company) and were also

partners, in M/s G.R. Constructions, a registered partnership firm.

2. The Petitioner submits that business of both the entities was conducted and

looked after by the family members of both Petitioner and Respondent, being

related to each other. In view of settlement deed dt: 5-4-2018 entered into

between Petitioner and Respondent it was agreed that Petitioner would

resign as a Director from the Company and Respondent would resign as

partner of M/s G.R. Constructions. As per settlement terms Petitioner had to

transfer his shares and certain immovable properties in favour of Respondent

No.1, Respondent No.2 and his wife Smt. Gutta Lakshmi. Accordingly

Petitioner has transferred the properties as per the understanding between

the parties and terms and conditions of Memorandum of Settlement dt: 5-4-

2018.
3. The Petitioner submits that the Respondent is responsible for day to day

activities of the Company, had to transfer certain properties and pay a sum of

Rs.13,88,71,351/- (Rupees Thirteen Crores Eighty Eight Lakhs Seventy One

Thousand Three Fifty One Only) to Petitioner towards settlement of the

terms and conditions agreed under the settlement deed entered into

between Petitioner and Respondent. The said liability is clearly admitted by

the Respondent under the settlement deed as well as in the correspondences

through various emails exchanged between Respondent and Petitioner as

well as in the correspondences with the common auditor K.V.Radha Krishna

& Co.

4. The Petitioner submits that admittedly the Respondent had issued following

cheques for discharge of their liability under Memorandum of Understanding

dt: 31-3-2018 and Settlement Deed dt: 5-4-2018

Sl. No. Date Cheque No Amount Drawn on

1. 08.07.2019 197501 1,00,00,000 Indian Overseas
Bank
2. 15.07.2019 197504 50,00,000 Indian Overseas
Bank
3. 15.07.2019 197505 50,00,000 Indian Overseas
Bank
4. 15.08.2019 885821 50,00,000 State Bank of India
5. 15.08.2019 885822 50,00,000 State Bank of India
6. 15.09.2019 885823 50,00,000 State Bank of India
 7. 15.09.2019 885824 50,00,000 State Bank of India
8. 15.09.2019 885825 50,00,000 State Bank of India
9. 15.09.2019 548151 50,00,000 State Bank of India
10. 15.10.2019 548152 50,00,000 State Bank of India
11. 15.10.2019 548153 50,00,000 State Bank of India
12. 15.10.2019 548154 50,00,000 State Bank of India
13. 15.10.2019 548155 50,00,000 State Bank of India
14. 15.11.2019 548156 50,00,000 State Bank of India
15. 15.11.2019 548157 50,00,000 State Bank of India
16. 15.11.2019 548158 50,00,000 State Bank of India
17. 15.11.2019 548159 50,00,000 State Bank of India
18. 15.12.2019 548160 50,00,000 State Bank of India
19. 15.12.2019 548161 50,00,000 State Bank of India
Total Amount 10,00,00,000

The cheques at Sl No.1 and 2 have been cleared towards partial discharge of

the liabilities and the cheque at Sl No.3 for Rs.50,00,000/- (Rupees Fifty Lakhs

Only) was taken back and replaced with two other cheques of Rs.25,00,000/-

(Rupees Twenty Five Lakhs Only) each and the same was also cleared.

5. The Petitioner submits that towards the above said liabilities Respondent had

issued cheques to be presented on the dates mentioned therein accordingly

the cheques were presented on the respective dates with the Bankers of

Petitioner namely Indian Overseas Bank, Jayanagar V Block, Bangalore.

However to the surprise of the Petitioner the said cheques when presented

for encashment were dishonoured.

6. The Petitioner submits that Complaint had presented complaint against the

Respondent and registered a Criminal Case before the Hon’ble 28 th ACMM at

Bengaluru and later registered as Criminal Case CC.No.17150/2022, CC

No.17149/2022, CC No. 34603/2021 and CC No. 36550/2022 for dishonour of

cheques admittedly issued by the Respondent towards the liability agreed

under the Memorandum of Understanding (MOU) dt: 31-3-2018 and

Settlement Deed dt: 5-4-2018 entered between the Petitioner and the

Respondent herein.

7. The Petitioner submits that in the above said cases since from the beginning

of the dishonour of these cheques, Sri.T.A.Chandrashekar Advocate has

represented the Respondent. Similarly, the said Sri.T.A. Chandrashekar

Advocate had filed vakalath in C.C. No. 34603/2021 case along with an

application under Section 205 of the Cr PC seeking exemption for appearance

of the Respondent and immediately filed a criminal petition in Crl Petition No.

12461/2022 before the Hon’ble High Court, seeking quashing of the entire

proceedings in the above case by categorically admitting the issuance of

cheques involved in the above case along with the other two cases filed by

the Petitioner. The Hon’ble High Court was pleased to dismiss the above

petition holding that once the Respondent has admitted the issuance of
 cheques and made the part payment and when some of the cheques are

remaining, he cannot deny the liabilities and blow hot and cold at the same

time. The true copy of the criminal petition in Crl P. No. 12461/2022 filed by

the Respondent, the true copy of the statement of objections filed by the

Petitioner and the true copy of the order dt: 9-2-2023 passed by the Hon’ble

High Court in Crl P No. 12461/2022 are produced herewith for kind perusal of

this Hon’ble Court. The averments made in above annexed documents may

kindly be read as part of this petition.

8. The Petitioner submits that the Respondent thereafter conspicuously

obtained ‘No Objection’ vakalath only in the C.C No.34603/2021 case from

the said Sri. T.A.Chandrashekar, Advocate and engaged a new counsel.

Thereafter, the Respondent proceeded to partially cross-examine the PW1 on

2-6-2023 in C.C No.34603/2021 case. On 2-6-2023 the two other cases in CC

No.17149/2022, C.C.No.17150/2022 and CC No. 34603/2022 in respect of

remaining cheques were also listed before this Hon’ble Court which was

represented by the above said Sri. T.A.Chandrashekar, Advocate. On

submission by the Petitioner to club all the matters and to record common

evidence, the said Sri. T.A.Chandrashekar, Advocate requested the Hon’ble

Court to bifurcate C.C.No.34603/2021 with other cases pending on the

 ground that both counsel have their independent defence in the case which

clearly demonstrates that the motive behind splitting up all the related

matters are only to harass the Petitioner herein.

9. The Petitioner submits that there after three matters were transferred from

28th ACMM to 16th ACMM and 27th ACMM. The Petitioner submits that

leading common evidence in the all cases related to same transaction

between the same parties would save the precious time of this Hon’ble Court

and would be convenient to all the stakeholders and will result in passing a

common judgment in all four cases and also would eliminate the chances of

any contrary view.

The cases pending and details of the court halls are as follows:-

SL.No. Case No. Court Hall Next Date

1. C.C.No.36550/202 27 A.C.M.M Court 19-09-2023

Bengaluru
2

2. C.C.No.17149/202 16 A.C.M.M Court 22-08-2023

Bengaluru
2

3. C.C.No.17150/202 16 A.C.M.M Court 22-08-2023

Bengaluru
2
 4. C.C.No.34603/202 28 A.C.M.M Court 08-08-2023
Bengaluru
1

10. The Petitioner submits that the Respondent having consciously admitted

that the cheques were issued under the same transaction between the same

parties, there cannot be either fresh and separate cross-examination or any

independent defence in each case. Furthermore, if in the event other counsel

has any additional defence in their respective cases can cross-examine the

Petitioner after the completion of their cross-examination. In the event the

Petitioner is subjected to cross-examination in each case separately the same

would lead to multiple proceedings leading confusion and contradiction.

Hence this petition.

WHEREFORE, the Petitioner humbly prays that this Hon’ble Court may be pleased
to transfer the above case i.e., CC No. 17150/2022, CC No.17149/2022, CC No.
34603/2021 and CC No. 36550/2022 on the file of 28th ACMM to connect the
matter together and direct to lead common evidence and proceedings for the
sake of brevity in the interest of justice.

ADVOCATE FOR PETITIONER PETITIONER

 VERIFICATION

I, R.M.Eshwar Naidu, Partner of M/s. G.R. Constructions, do hereby declare that

the statements made in the above paragraphs are true and correct to the best of
my knowledge and information and I believe them to be true.

BANGALORE
DATE: PETITIONER

BEFORE THE CHIEF JUDICIAL METROPOLITAN MAGISTRATE, AT BANGALORE

Crl.Misc. /2023

BETWEEN:

M/S G.R. CONSTRUCTIONS ...PETITIONER

AND:

M/s. GRC INFRA PRIVATE LIMITED AND ANOTHER …RESPONDENT

INDEX

SL. NO. PARTICULARS PAGE NO.

1. Memorandum of petition filed under Section 410 of 1-8

Code of Criminal Procedure
2. Certified copy of the entire order sheet in CC No. 9-19
17150/2022
3. Certified copy of the entire order sheet in CC No. 20-30
17149/2022
 4. Certified copy of the entire order sheet in CC No. 31-44
34603/2021
5. Certified copy of the entire order sheet in CC No. 45-60
36550/2022
6. The true copy of the memorandum of criminal 61-84
petition in Crl.Pet.No.12461/2022 filed by the
Respondent
7. The true copy of the statement of objections filed by 85-92
the Petitioner
8. The true copy of the order dt: 9-2-2023 passed by 93-108
the Hon’ble High Court in Crl P No. 12461/2022
9. Vakalath 109

BANGALORE
DATE: ADVOCATE FOR PETITIONER
 BEFORE THE CHIEF JUDICIAL METROPOLITAN MAGISTRATE, AT BANGALORE

Crl.Misc. 5331/2023

BETWEEN:

M/S G.R. CONSTRUCTIONS ...PETITIONER

AND:

M/s. GRC INFRA PRIVATE LIMITED AND ANOTHER …RESPONDENTS

MEMO

The Petitioner submits that this Hon’ble court vide its order dt: 29-08-2023 issued

hand Summons to the Respondents in compliance of the same the Petitioner is

hereby producing the Copy of the acknowledgement for having delivered the

Hand Summons to the Respondents along with Petition and Documents. The

Copy of the acknowledgment is enclosed herewith. Wherefore the Memo kindly

be taken on record in the interest of justice and equity.

Bengaluru

Date: ADVOCATE FOR PETITIONER