Dismissed

Mr N S Rajesh v. M/S Panchajanya Textiles

Karnataka HC3 Dec 2021CRL.P/8461/2021

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed a criminal petition under Section 482 Cr.P.C. The petitioner challenged the rejection of an application to summon witnesses under Section 311 Cr.P.C. The Court held that since the main case was posted for judgment, entertaining the petition now would serve no purpose.

What did the court decide?

The criminal petition under Section 482 Cr.P.C. was dismissed.

Mr N S Rajesh Vs M/S Panchajanya Textiles — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03^RD DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL PETITION NO.8461 OF 2021

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BETWEEN:

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Mr. N.S.Rajesh, Aged about 49 years, S/o K.N.Nagabhushana Setty, No.252, Hema Enclave, 2^nd Floor, S.F.-03 3^rd Main, 3^rd Cross, Chamarajapet, Bengaluru-560018.

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…Petitioner

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(By Sri Balaram M.L., Advocate)

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AND:

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M/s. Panchajanya Textiles No.34, Kalidasa Road, 1^st Main, Gandhinagar, Bengaluru-560009. Represented by its Partner Sri M.K.Suresh Babu,

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…Respondent

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This Criminal Petition is filed under Section 482 of Cr.P.C., praying to set aside the order dated 07.01.2020 passed by the Learned Judge XXVIII A.C.M.M., at Bengaluru in C.C.No.11035/2017 and may kindly be pleased to allow the application filed by the petitioner under Section 311 of Cr.P.C.

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This Criminal Petition coming on for admission this day, the Court made the following:

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ORDER

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Heard Sri Balaram M L, learned counsel for

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the petitioner at the time of admission.

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The petitioner in this petition under Section 482 of Cr.P.C., has challenged the order passed by the Magistrate, rejecting his application under Section 311 of Cr.P.C.

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The petitioner being the accused made an application under Section 311 of Cr.P.C., seeking summons to three witnesses, namely, (1) The Bank Manager, Sree Charan Co-operative Bank, Sultanpet Area Branch, Bengaluru, (2) The Bank Manager, Canara Bank, Bengaluru City Branch, B.V.K.Iyengar Road, Bengaluru-53 and (3) Mr. T.N.Satish S/o Late Sri Tallam Nanjunda Setty.

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It is the contention of the petitioner that the cheque in question was actually not issued to

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the complainant. Rather, it was issued to

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T.N.Satish and he misused the cheque by passing it on to complainant/respondent. The trial Court rejected the application giving reasons that similar applications made by the petitioner on earlier occasions were rejected and therefore one more application for the same relief cannot be entertained.

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Whatever may be the reasons given by the trial Court for rejection of the application, as per the submission of the counsel for the petitioner, the trial Court has posted the case in C.C.No.11035/2013 for judgment. Therefore once the case is posted for judgment, even if the petition is entertained, no purpose will be served. If the petitioner suffers an order of conviction and if he prefers an appeal challenging it, he can take up the ground of rejection of his application filed under Section 311 of Cr.P.C., in the appeal. In

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these circumstances, petition does not survive for

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consideration. It is dismissed .

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Sd/JUDGE

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Kmv/-

Mr N S Rajesh v. M/S Panchajanya Textiles

Case brief

What is this about?

What did the court decide?

Mr N S Rajesh v. M/S Panchajanya Textiles

Case brief

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What did the court decide?

What the court decided

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