Dismissed

Sri H S Shamasundar Singh v. Sri Ramesh D

Karnataka HC3 Feb 2021CRL.P/1197/2019

Case brief

AI extract

What is this about?

The petitioner, accused in a cheque bounce case in Chitradurga, sought transfer to Bengaluru citing medical issues and alleged assault. The amicus curt dismisses the threat claim and notes the trial is nearly over. The court finds no reason for transfer, ruling it would cause hardship to the respondent, and dismissed the petition.

What did the court decide?

Transfer of C.C. No.140/2018 from Hosadurga to Bengaluru was denied and the petition was dismissed.

Sri H S Shamasundar Singh Vs Sri Ramesh D — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF FEBRUARY, 2021

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B E F O R E

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THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

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CRIMINAL PETITION No.1197 OF 2019

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BETWEEN:

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1 . SRI H S SHAMASUNDAR SINGH S/O SUBBA SINGH, AGED ABOUT 50 YEARS, SACRED HEART PRIMARY SCHOOL, SILUVAPURA, BANGALORE NORTH, BANGALORE-560 090 &

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ALSO HAVING ADDRESS AT

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S.M.A. BUILDING, TARABANAHALLI, CHIKKABANAVARA POST, BANGALORE - 560 090.

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...PETITIONER

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(BY SRI. ADINARAYANAPPA, ADV.)

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AND:

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1 . SRI RAMESH D. S/O DASAPPA, AGED ABOUT 35 YEARS AGRCIULTURIST, R/O ATTIMAGE BHOVIHATTI VILLAGE, MADADAKERE HOBLI,

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CRL.P. NO.1197/2019

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HOSADURGA TALUK, CHITRADURGA DISTRICT-577 527.

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:RESPONDENT

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(BY SRI C.R. SANDESH, AMICUS CURIAE )

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This Criminal Petition is filed under Section 407 of Cr.P.C, praying to pass an order calling for the record in C.C. No.140/2018 pending on the file of Prl. Civil Judge and JMFC, Hosadurga and transfer the same to Addl. Chief Metropolitan Magistrate Court, Bengaluru, by allowing this Criminal Petition in the interest of justice and equity.

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This Criminal Petition coming on for admission through Video Conferencing / Physical Hearing this day, the Court made the following:-

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ORDER

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The petitioner herein who is accused in C.C. No.140/2018, pending on the file of learned Prl. Civil Judge and JMFC at Hosadurga for the offence punishable under Section 138 of the N.I. Act, has filed this petition under Section 407 of Criminal Procedure Code, seeking transfer of the said criminal case from the Court at Hosadurga to Addl. Chief Metropolitan Magistrate Court at Bengaluru.

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CRL.P. NO.1197/2019 3

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In the petition, as well, learned counsel for the petitioner in his arguments, submitted that the petitioner is working as a Teacher in Bengaluru City and he is suffering from various diseases. He also submitted that when he had been to Hosadurga in the matter, he was assaulted from the complainant’s side, as such, there is a threat for his life. With this he prays for transfer of the case.

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Though the respondent was served since he had remained unrepresented, this Court has appointed an amicus curiae to place the case of the respondent. Learned amicus curiae in his arguments submitted that there are no materials to believe the contention of the petitioner that there was any criminal act practised against him or that he was attacked from the complainant’s side or even to show that there is threat to the life of the petitioner. He submits that had there been any attack, definitely the petitioner who himself being a teacher, as such educated, would have necessarily filed a criminal case or complaint against the respondent / complainant. He further submits that it is only to defeat the very institution of the complaint and to cause more

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CRL.P. NO.1197/2019 4

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inconvenience and hardship to the respondent/complainant who is an agriculturist doing farming in his village, the present case has been filed. Learned amicus curiae also submits that the criminal case in the Trial Court is in its fag end marked for the cross examination of P.W.1(complainant).

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Admittedly the present petitioner is the accused in C.C. No.140/2018 on the file of learned Prl. Civil Judge and JMFC at Hosadurga for the offence punishable under Section 138 of the N.I. Act. Though the petitioner says that he is suffering with diseases, but there is nothing on record to show any medical advise for him not to travel to any place for any reasons. Further there are no materials placed to show that there was any criminal act practiced against the present petitioner, as such, there is any threat to the life of the petitioner.

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In that background when the matter in the Trial Court is said to be slated for the cross examination of the complainant, as such, it is almost reaching its conclusion in the proceedings, I do not find any reasons to transfer the said case from Hosadurga to Bengaluru. Any such transfer would definitely cause hardship and

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CRL.P. NO.1197/2019

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inconvenience to the respondent herein who is stated to be an agriculturist doing farming in his village at Attimage Bhovihatti Village in Hosadurga Taluk. Accordingly, I proceed to pass the following:

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ORDER

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The petition stands dismissed.

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The Court while acknowledging the service rendered by Sri C.R. Sandesh, learned amicus curiae for the respondent, recommends him an honorarium of a sum of not less than `3,000/-, payable to him by the Registry.

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sac*

Sri H S Shamasundar Singh v. Sri Ramesh D

Case brief

What is this about?

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Sri H S Shamasundar Singh v. Sri Ramesh D

Case brief

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