Disposed

Jitendra Shigihalli v. Manoj S/O. Mohan Shetke

Karnataka HC16 Feb 2021CRL.P/100314/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a petition under Section 482 Cr.P.C. seeking quashing of a taking of cognizance in a cheque bounce case. The petitioner argued the complaint was premature due to the return of the legal notice. The Court held recording of statement was pending and disposed of the petition without deciding merits.

What did the court decide?

Petition disposed leaving liberty to urge contentions before the learned court below at the time of final hearing.

Jitendra Shigihalli Vs Manoj S/O. Mohan Shetke — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF FEBRUARY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

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CRL.P. NO.100314 OF 2021

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BETWEEN:

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JITENDRA SHIGIHALLI AGE:39 YEARS, OCC:LECTURER & PROPRIETOR OF ORANGE FITNESS GYM SECOND FLOOR, SHET BALLET, SHIRUR PARK ROAD, OPP.KADASIDDESWAR COLLEGE, VIDYANAGAR, HUBBALLI-580030. DIST:DHARWAD. …PETITIONER (BY SRI.PATIL M.H., ADV.)

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AND:

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MANOJ S/O MOHAN SHETKE AGE:30 YEARS, OCC:PROPRIETOR OF M/S. SHIVA ENTERPRISES, F18, 1^ST FLOOR, GOKUL ROAD, URBAN OASIS MALL, HUBBALLI, DIST:DHARWAD-580030.

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…RESPONDENT

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THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER OF TAKING COGNIZANCE IN CC NO.1694/2019 DATED 18.10.2019 PENDING ON THE FILE OF THE JMFC-III COURT, HUBBALLI UNDER THE OFFENCE PUNISHABLE UNDER SETION 138 OF NI ACT.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has filed this petition under Section 482 of Cr.P.C. praying for quashing of taking cognizance in CC No.1694/2019 dated 18.10.2919 on the file of the learned JMFC-III Court, Hubballi for offence punishable under Section 138 of Negotiable Instruments Act, 1881.

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The only grievance of the learned counsel for the petitioner is that the complaint filed under Section 138 of NI Act was premature inasmuch as legal notice even as per showing of the respondent himself was issued on 16.9.2019, which is pre-requisite under Section 138 of NI Act and it was returned on the very next day i.e. on 17.9.2019 with a shara ‘not claimed’ and the cover was delivered back to the respondent on 27.9.2019. Therefore, he submits that since the complaint which was not claimed as per case of the respondent was received back by him only on 27.9.2019, he should have waited for a period of 15 days from that date before filing the complaint as mandated under the provisions of NI Act. He

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submits that inspite of said legal requirement, he filed the complaint on 3.10.2019 and therefore, the complaint itself is not maintainable.

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Since the case now stands posted for recording the statement of the petitioner/accused under Section 313 of Cr.P.C. before the learned Court below, it is not necessary for this Court to go into merits of this petition. On the other hand, liberty is reserved to the petitioner to urge his contentions before the learned Court below at the time of final hearing in the proceedings. All contentions are kept open.

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Accordingly, this petition is disposed of reserving liberty to the petitioner as aforementioned.

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In view of the above order, IA No.1/2021 is also disposed of as not surviving for consideration.

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Sd/-

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JUDGE

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JTR

Jitendra Shigihalli v. Manoj S/O. Mohan Shetke

Case brief

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Jitendra Shigihalli v. Manoj S/O. Mohan Shetke

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