Partly allowed

R v. Nathan v a P Mahesh

Karnataka HC8 Sept 2021CRL.P/7904/2020

Case brief

AI extract

What is this about?

The Karnataka High Court allowed the criminal petition to call upon the First Appellate Court to decide the pending issue number-3 application filed by the petitioner under Section 148(3) of the Negotiable Instruments Act and disposed of all remaining interlocutory applications.

What did the court decide?

The LXXII Additional City Civil and Sessions Judge is directed to dispose of the petitioners application under Section 148(3) of N.I. Act within a week.

R v Nathan Vs a P Mahesh — Cheque Dishonour | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 8^TH DAY OF SEPTEMBER, 2021

¶4

BEFORE

¶5

THE HON’BLE MR. JUSTICE K.NATARAJAN

¶6

CRIMINAL PETITION No.7904 of 2020

¶7

BETWEEN

¶8

R.V. NATHAN, S/O. LATE V. RAJARAMAN, AGED ABOUT 78 YEARS, RESIDING AT No. 205, RAM LAKSHMAN APARTMENT, No.89, DIAGONAL ROAD, V.V. PURAM, BENGALURU – 560 004.

¶9

…PETITIONER

¶10

(BY SRI ABHISHEK K., ADVOCATE for SRI DIWAKARA K., ADVOCATE)

¶11

AND

¶12

A.P. MAHESH, S/O. LATE A.M. PARAMASHIVAIAH, AGED ABOUT 61 YEARS, RESIDING AT No.4, NEW No.118, 5^TH MAIN, 7^TH CROSS, N.R. COLONY, BENGALURU – 560 019.

¶13

…RESPONDENT

¶14

(BY SRI A.P. MAHESH, party-in-person, ( absent ))

¶15

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE ORDER DATED 03.12.2018 AND 21.12.2018 PASSED BY THE HON’BLE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-73) IN CRL.A.No.25225/2018 AND TO DIRECT THE RESPONDENT TO DEPOSIT REMAINING COMPENSATION

¶16

¶17

AMOUNT (Rs.1,83,700/-) 20% OF THE COMPENSATION AWARD BEING Rs.18,58,500/- AS PER SECTION 138 OF THE N.I. ACT, TILL SUCH TIME THE ORDER OF SUSPENSION OF SENTENCE PASSED BY THE APPELLATE COURT MAY BE SET ASIDE.

¶18

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

¶19

ORDER

¶20

This petition is filed by the petitioner/complainant under Section 482 of Cr.P.C. for setting aside the order passed by the LXXII Additional City Civil and Sessions Judge (CCH-73) (hereinafter referred to as ‘First Appellate Court’) in Crl.A.No.25225/2018 and to direct the respondent to deposit the remaining compensation amount.

¶21

Respondent served and unrepresented.

¶22

Heard learned counsel for the petitioner.

¶23

The petitioner/complainant filed a complaint against respondent No.2 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short

¶24

¶25

‘N.I. Act’) for an amount of Rs.9,40,000/-. After trial, the accused was found guilty and convicted and sentenced to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for three months and to pay of Rs.18,58,500/- as compensation to the complainant. Being aggrieved by the same, the accused appeared before the First Appellate Court in Crl.A.No.25225/2018. The First Appellate Court while suspending the sentence, directed the accused to deposit 20% of the cheque amount vide order dated 21.12.2018 on or before 03.03.2019. Subsequently, the petitioner filed an application in I.A.No.3 under Section 148(3) of the N.I. Act for release of the amount deposited by the accused, but the First Appellate Court has not considered the said I.A.No.3 and not passed any order even after lapse of 2½ years. Hence, this petition.

¶26

Upon hearing the arguments and on perusal of the record, the First Appellate Court has imposed a condition to deposit 20% of the cheque amount in addition to the

¶27

¶28

interim compensation paid by the accused under Section 143A of the N.I. Act. The First Appellate Court though issued a direction for depositing 20% of the cheque amount, but the same was not challenged by the petitioner at the earliest point of time. It is challenged now. Learned counsel for the petitioner has restricted his prayer only for releasing of 20% of the compensation amount. Looking to the order sheet, the First Appellate Court has not at all passed any order on I.A.No.3 filed under Section 148(3) of the N.I. Act. Therefore, it is necessary to issue a direction to the First Appellate Court to dispose of the application I.A.No.3 filed under Section 148(3) of the N.I. Act. Hence, the following:

¶29

Order

¶30

Criminal petition is allowed in-part.

¶31

The LXXII Additional City Civil and Sessions Judge is directed to dispose of the application I.A.No.3 filed by the petitioner under Section 148(3) of N.I. Act within a week from the date of receipt of copy of this order.

¶32

¶33

In view of disposal of the main petition, all pending I.As do not survive for consideration. Hence, they are disposed of.

¶34

SD/JUDGE

¶35

R v. Nathan v a P Mahesh

Case brief

What is this about?

What did the court decide?

R v. Nathan v a P Mahesh

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

Kumara N Vs State of Karnataka

H B Mohan Vs the State of Karnataka

Sri Vishwanatha K Vs State of Karnataka

Laxman S/O Chandrappa Doni Vs the State of Karnataka

Sri. M.P. Raghavendra Vs State of Karnataka

Sri Dinesh Kamath K Vs the State of Karnataka