Dismissed

The Manager / Secretary v. Krishnaji S/O Narayan Hanchate

Karnataka HC18 Dec 2020CRL.A/2618/2011

Case brief

AI extract

What is this about?

The High Court dismissed a criminal appeal filed by the complainant under Section 378(4) Cr.P.C. against an acquittal order. The court held the appeal was not maintainable because the underlying case was instituted via a police report from a prior police complaint, not a direct complaint to the Magistrate.

What did the court decide?

The appeal was dismissed on the ground of lack of maintainability.

The Manager / Secretary Vs Krishnaji S/O… — Civil Procedure and Limitation | Karnataka HC (2020)

¶1

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶2

DATED THIS THE 18^TH DAY OF DECEMBER 2020

¶3

BEFORE

¶4

THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR

¶5

CRIMINAL APPEAL NO.2618/2011

¶6

BETWEEN :

¶7

THE MANAGER/SECRETARY, SAUNDATTI TALUK PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK, SAUNDATTI, BELGAUM DIST.

¶8

….APPELLANT

¶9

(BY SRI MALLIKARJUN C.BASAREDDY, ADVOCATE)

¶10

AND :

¶11

KRISHNAJI S/O.NARAYAN HANCHATE, AGED ABOUT 74 YEARS,

¶12

OCC : AGRICULTURE, R/O.SAUNDATTI.

¶13

KALLANAGOUDA S/O.TAMMANNAGOUDA PATIL, SINCE DECEASED APPEAL AGAINST HIM STANDS ABATED VIDE ORDER DATED 05.07.2019.

¶14

THE STATE OF KARNATAKA REPRESENTED BY ITS ADDL. STATE

¶15

PUBLIC PROSECUTOR,

¶16

HIGH COURT CIRCUIT BENCH, DHARWAD.

¶17

…..RESPONDENTS (BY SRI R.M.KULKARNIL ADVOCATE FOR R-1) (BY SRI RAMESH B.CHIGARI, HCGP FOR R-3) (APPEAL AGAINST RESPONDENT NO.2 –ABATED)

¶18

THIS APPEAL IS FILED UNDER 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED

¶19

-2-

¶20

IN C.C.NO.1020/1994 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C, SAUNDATTI DATED 03.08.2010.

¶21

THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶22

JUDGMENT

¶23

This appeal is preferred by complainant aggrieved by the Judgment of acquittal passed by Additional Senior Civil Judge and J.M.F.C., Saundatti in Criminal Case No.1020/1994, wherein the respondent/accused Nos.2 and 3 were acquitted for the offences punishable under Sections 408, 409, 477(A) and 109 of I.P.C. Aggrieved by the said Judgment of acquittal, complainant has preferred the present appeal under Section 378(4) of Cr.P.C.

¶24

I have heard Sri R.M.Kulkarni, learned

¶25

counsel for respondent No.1/accused No.2 and learned High Court Government Pleader for respondent No.3State.

¶26

Learned HCGP submits that the appeal would not be maintainable on the facts and circumstances of the case. It is not in dispute that the

¶27

-3-

¶28

complainant had filed a complaint before the Saundatti Police Station, based on which, criminal case came to be registered in Crime No.166/1994. Pursuant to which, based on the police report, charge sheet came to be filed. The said case ended up in acquittal of accused Nos.2 and 3 on 03.08.2010. Present appeal is filed on 01.12.2010. The provision invoked by the appellant is Section 378(4) of Cr.P.C. It is relevant to extract Section 378(4) of Cr.P.C.:

¶29

“378. Appeal in case of acquittal .-

¶30

xxxxxxxxxxx

¶31

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.”

¶32

On careful perusal, it is seen that the complaint is initiated by the complainant before the Saundatti Police Station not before the Magistrate directly and complaint is filed under Section 200 of Cr.P.C., therefore, the provision of Section 378(4) of Cr.P.C.

¶33

-4-

¶34

would not attract to the appellant/complainant herein, as Section 378(4) of Cr.P.C. arises in a case of acquittal where a case is instituted upon complaint. In this view of the matter, it is essential to look at the definition of complaint, under Section 2(d) of Cr.P.C. is as follows :

¶35

“2. Definitions :- xxxxxxxx

¶36

(d) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.”

¶37

Therefore, when the complaint is filed before the Police, which ends up in a police report cannot be termed as complaint, for the requirement of Section 378(4) of Cr.P.C. In the present case at the most, the complainant would be a victim as contemplated under Section 2(wa) of Cr.P.C., which reads as under :

¶38

“2. Definitions :- xxxxxxx

¶39

(wa)“victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person

¶40

-5-

¶41

has been charged and the expression “victim” includes his or her guardian or legal heir.

¶42

Therefore, the present appeal as brought by the

¶43

appellant/complainant under Section 378(4) of Cr.P.C. is not maintainable in law hence, the present appeal cannot not be entertained. However, the appellant is at liberty to approach the Court in accordance with law. If

¶44

any such appeal or proceedings is filed, time spent before this Court in prosecuting the present appeal

¶45

deserves to be considered leniently by the said Court.

Appeal is dismissed.

Sd/-

JUDGE

ckk

The Manager / Secretary v. Krishnaji S/O Narayan Hanchate

Case brief

What is this about?

What did the court decide?

The Manager / Secretary v. Krishnaji S/O Narayan Hanchate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R. Ramanath S/O R. Anjini Rao Vs State of Karnataka

M/S Bagalkot Cement and Industries Limited Vs M/S Gajanan Cement Dealer

Shiddalingappa S/O. Basavanneppa Baligeri Vs Iranna S/O. Basavenneppa Baligeri

Pradeep S/O Mahadevappap Hulasangi @ Bosale Vs Lohit S/O Vijaykumar Kudari

The Manager/Secretary, Vs Basangouda S/O Viranagouda Kulkarni

Harish S/O Basava Bangera Vs Dundappa S/O Basappa Dundappanavar