Allowed

Smt. Sunita W/O Bharatkumar Aitawade v. Basavaraj W/O Mallappa Yaragatti

Karnataka HC4 Nov 2022CRL.P/100653/2022

Case brief

AI extract

What is this about?

The High Court allowed a Criminal PETITION filed under Section 482 Cr.P.C. to quash proceedings under Section 138 of the Negotiable Instruments Act. The Court held that directors who had resigned prior to the cheque issuance date cannot be liable, quashing the case against those specific accused.

What did the court decide?

Criminal proceedings in C.C. No.2134/2020 insofar as it relates to petitioners-accused Nos.3 and 4 are quashed.

Smt. Sunita W/O Bharatkumar Aitawade Vs Basavaraj W/O… — Cheque Dishonour | Karnataka HC (2022)

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CRL.P No. 100653 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 100653 OF 2022

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BETWEEN:

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SMT. SUNITA W/O BHARATKUMAR AITAWADE AGE: 45 YEARS, OCC: HOUSEWIFE, R/O NO. 212, VASUNDRA, HEIGHTS 4TH CROSS, VIDHANSOUDA LAYOUT, PAPAREDDY PALYA, 2ND STAGE, NAGARABHAVI, BENGALURU-560072.

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SMT. VIDYA W/O SAGAR AITAWADE AGE: 35 YEARS, OCC: HOUSEWIFE, R/O: ALAGAWADI-591317, TQ RAIBAG, DIST: BELAGAVI, NOW R/AT NO. 95, 1ST F MAIN, J. S. NAGAR, S. S. PURAM, NANDINI LAYOUT, BENGALURU-560096.

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…PETITIONERS

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Digitally signed by SUJATA SUBHASH PAMMAR Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

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(BY SRI. CHETAN MUNNOLI, ADVOCATE)

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AND:

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BASAVARAJ W/O MALLAPPA YARAGATTI AGE: 63 YEARS, OCC: RETIRED R/O: H.NO. 64/217/2, MAHALINGESHWAR NAGAR, GOKAK 591307, DIST BELAGAVI.

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…RESPONDENT

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(RESPONDENT SERVED)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.2134/2020 PENDING ON FILE OF THE II ADDITIONAL CIVIL

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CRL.P No. 100653 of 2022

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JUDGE AND JMFC, GOKAK REGISTERED FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT IN SO FAR IT RELATES TO ACCUSED NO.3 AND 4 I.E., PETITIONERS

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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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A private complaint is filed under Section 200 of the

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Code of Criminal Procedure, 1973 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the Act’), alleging that the cheque, which was issued by the Company in favour of the complainant, when presented for realisation was dishonoured for want of funds. The learned Magistrate, after recording the sworn statement of the complainant, took cognizance of the offence punishable under Section 138 of the Act and issued summons to the accused. Taking exception to the same, the petitioners-accused Nos.3 and 4 are before this Court.

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The learned counsel appearing for the petitioners submits that the petitioners-accused Nos.3 and 4 ceased to be the Directors of the Company with effect

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CRL.P No. 100653 of 2022

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from 22.03.2017, which is evident from Form No.DIR-12. Hence, he submits that the registration of the complaint against the petitioners-accused Nos.3 and 4 is impermissible.

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learned counsel appearing for the respondent/complainant submits that the petitioners/accused were directors on the date when the complainant invested the money with the petitioner/accused company and cheque was issued by the company in question for returning the amount invested by the respondent/complaint and hence he submits that the learned Magistrate has rightly taken cognizance of the aforesaid offence and same does not warrant any interference.

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The respondent-complainant though served

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with the notice has remained absence.

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I have considered the submissions made by the

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learned counsel for the petitioners.

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CRL.P No. 100653 of 2022

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The cheque in question was issued on 30.07.2020. The petitioners, who were the Directors of the Company, ceased to be the Directors of the Company with effect from 22.03.2017 which is evident from the Form No.DIR-12 issued by Registrar of the Companies and the same has remained uncontroverted. Hence, it implies that the petitioners ceased to be the Directors of the Companies as on the date of issuance of the cheque. Hence, registration of the complaint against the petitioners for the offence punishable under Section 138 of the Act is not sustainable. Accordingly, I pass the following:

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ORDER

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The criminal petition is allowed. The impugned proceeding in C.C. No.2134/2020 pending on the file of the II Additional Civil Judge & JMFC, Gokak, insofar as it relates to petitionersaccused Nos.3 and 4 is hereby quashed.

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Sd/JUDGE

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Smt. Sunita W/O Bharatkumar Aitawade v. Basavaraj W/O Mallappa Yaragatti

Case brief

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Smt. Sunita W/O Bharatkumar Aitawade v. Basavaraj W/O Mallappa Yaragatti

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