Allowed

Yogesh S/O Gururaj Acharya v. Shamalal S/O Udavdas Wadhwa

Karnataka HC3 Sept 2022CRL.P/102386/2021

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings filed under Section 138 of the Negotiable Instruments Act for cheque dishonour. The court allowed the criminal petition filed by the petitioners seeking to set aside the order confirming cognizance, noting that the parties had entered into a compromise which was accepted during the hearing.

What did the court decide?

The proceedings in P.C.No.410/2019 against the petitioners for the offence under S. 138 N.I. Act are quashed. Pending interlocutory applications are disposed of accordingly.

Yogesh S/O Gururaj Acharya Vs Shamalal S/O Udavdas Wadhwa — Cheque Dishonour | Karnataka HC (2022)

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CRL.P No. 102386 of 2021

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI

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CRIMINAL PETITION NO. 102386 OF 2021 (482-)

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BETWEEN:

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YOGESH S/O GURURAJ ACHARYA AGE. 46 YEARS, OCC. BUSINESS, MANAGING PARTNER OF SAGAR PALACE, R/O.NO.6, II FLOOR, SHAMBU APARTMENTS ADARSHA NAGAR, HUBBALLI-580024

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KIRAN S/O GURURAJ ACHARYA AGE. 50 YEARS, OCC. BUSINESS, MANAGING PARTNER OF SAGAR PALACE, R/O.NO.6, II FLOOR, SHAMBU APARTMENTS ADARSHA NAGAR, HUBBALLI-580024

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(BY SRI. HARISH S MAIGUR, ADVOCATE)

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AND:

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SHAMALAL S/O UDAVDAS WADHWA AGE. 81 YEARS, OCC. BUSINESS, R/O.G-003, SRUSTI COMPLEX, MANDOLI ROAD, TILAKWADI BELAGAVI-590006

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(BY SRI. SRINIVAS NAIK, ADVOCATE)

… PETITIONERS

…RESPONDENT

CRL.P No. 102386 of 2021

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER PASSED IN CRL.R.P. NO.427/2019 CONFIRMING THE ORDER OF TAKING COGNIZANCE PASSED BY THE JMFC IN PC NO.410/2019 DATED 05.08.2019 ON THE FILE OF JMFC-VIII, BELAGAVI FOR THE OFFENCES PUNISHABLE U/S 138 OF N.I. ACT IN SO FAR AS THESE PETITIONERS.

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

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ORDER

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The petitioners, who are arraigned as accused No.2 and 3 before the Trial Court, have filed this petition under section 482 of Cr.P.C., with a prayer to set-aside the order passed by the XI Additional Sessions Judge, Belagavi in Criminal Revision Petition No.427/2019, confirming the order dated 05.08.2019 passed in C.C.No.410/2019 on the file of the JMFC-VIII, Belagavi taking cognizance for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 ( for short “N.I.Act”).

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Petitioners have contended that based on private complaint filed by the respondent in PC No.101/2010 (C.C.No.267/2010) for the offence

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CRL.P No. 102386 of 2021

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punishable under section 138 of the N. I. Act, came to be registered. On 11.11.2014, the complaint came to be returned for want to territorial jurisdiction in view of the decision of the Hon’ble Apex Court in the case of Dasharath Rupsingh Rathod Vs. State of Maharashtra¹ i.e. Criminal Appeal 2287/2009. However, the complaint was represented in P.C.No.686/2016 before the Principal Civil Judge and JMFC, Hubballi after delay of 20 months. Based on the memo filed by the respondent, the complaint was returned for presentation before the jurisdictional Court. Once again, respondent presented the complaint in P.C.No.410/2019 before the JMFC-VIII, Belagavi on 05.08.2019 with application for condonation of delay of nine years. The Trial Court has taken cognizance and issued summons against the petitioners. Against the said order, the petitioners filed criminal Revision Petition No.427/2019 on 18.09.2019. However, the said petition came to be dismissed on 21.10.2021. Aggrieved by the

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same, petitioners have come up with this petition.

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1 AIR 2014 SC 3519

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CRL.P No. 102386 of 2021

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However, during the pendency of the petition, petitioners and respondent have entered into compromise. They have filed an application under section 147 of the N.I. Act for compounding the offence, which is supported by affidavits of both the parties and sought for quashing the proceedings in P.C.No.410/2019 on the file of the JMFC-VIII, Belagavi for the offence punishable under section 138 of the N.I. Act. Both the parties are present before the Court today and on enquiry, they admit the compromise. Towards full and final settlement, the petitioners have offered Rs.2,50,000/- and respondent has accepted the same by way of demand draft bearing No.248282 dated 16.08.2022 of Punjab National Bank. The parties have also agreed that they have no claim whatsoever against each other. In view of the compromise entered into between the parties, I proceed to pass the following:

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ORDER

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The petition is allowed.

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CRL.P No. 102386 of 2021

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The proceedings in P.C.No.410/2019 on the file of the JMFC-VIII, Belagavi against the petitioners for the offence punishable under section 138 of the N. I. Act, is hereby quashed.

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In view of disposal of the matter, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

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Sd/JUDGE

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YAN

Yogesh S/O Gururaj Acharya v. Shamalal S/O Udavdas Wadhwa

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Yogesh S/O Gururaj Acharya v. Shamalal S/O Udavdas Wadhwa

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