Dismissed

Sri. Prabhakar S/O Vishnu Patil v. Smt. Shoba D/O Venkatesh Prabhu

Karnataka HC16 Feb 2021CRL.P/101610/2018

Case brief

AI extract

What is this about?

Criminal PETITION filed under Section 482 Cr.P.C. seeking to quash proceedings in cheque dishonour case under Section 138 N.I. Act. Court dismissed petition reserving liberty to file revision under Section 397 Cr.P.C. citing Urmila Devi vs. Yudhvir Singh.

What did the court decide?

Petition dismissed with liberty to file revision under Section 397 Cr.P.C.

Sri. Prabhakar S/O Vishnu Patil Vs Smt. Shoba D/O… — 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 CRL.P. NO.101610/2018

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BETWEEN:

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SRI. PRABHAKAR S/O VISHNU PATIL AGE: 67 YEARS, OCC: BUSINESS, R/O: SALGAR CHALL, LINE BAZAR, DHARWAD. ...PETITIONER

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(BY SRI. V. S.KALASURMATH, ADV.)

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AND

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1 . SMT. SHOBA D/O VENKATESH PRABHU AGE: 55 YEARS, OCC: SERVICE IN LIC, R/O: NO.11/2, SALGAR CHALL, LINE BAZAR, DHARWAD. …RESPONDENT

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(RESPONDENT SERVED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.1378/2017 ON THE FILE OF II ADDL. CIVIL JUDGE (JR.DIV) & JMFC-II COURT, DHARWAD AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I.ACT.

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

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ORDER

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In this petition filed under Section 482 of Cr.P.C., the petitioner is seeking quashing of the entire proceedings in CC No.1378/2017 on the file of the learned II Additional Civil Judge (Jr.Dn) and JMFC II Court, Dharwad, for offences punishable under Sections 138 of Negotiable Instruments Act,

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A perusal of the petition papers show that on 10/5/2017, the learned Court below after considering the affidavit of the complainant filed in lieu of the sworn statement and examining him as PW1 and on consideration of the same along with Ex.P1 to P8 has taken cognizance for the offence punishable under Section 138 of the N.I. Act. Thereafter, he has issued summons to the accused-petitioner herein. The grounds urged are that the private complaint is not maintainable and further that basic ingredients of the offence under Section 138 of N.I. Act have not been made out. The order challenged herein is revisable under Section 397 of Cr.P.C. before the learned jurisdictional Sessions Judge as held by the Hon’ble Supreme

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Court in a decision reported (2013) 15 SCC 624 – Urmila

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Devi vs. Yudhvir Singh .

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In that view of the matter, it is not necessary to consider this petition on merits at this stage and accordingly, it is dismissed reserving liberty to the petitioner to file revision petition before the learned jurisdictional Magistrate under Section 397 of Cr.P.C., in which event, the learned Sessions Judge shall hear and dispose of the matter in accordance with law.

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All contentions are left open.

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Sd/JUDGE

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Vmb

Sri. Prabhakar S/O Vishnu Patil v. Smt. Shoba D/O Venkatesh Prabhu

Case brief

What is this about?

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Sri. Prabhakar S/O Vishnu Patil v. Smt. Shoba D/O Venkatesh Prabhu

Case brief

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