Criminal Petition filed under Section 482 Cr.P.C. to quash the dismissal order of a cheque dishonour case. Court allowed the petition, quashed the dismissal, and restored the case for further proceedings.
Order dated 09.12.2021 quashed; Case restored to file for further proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P No. 679 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 679 OF 2022
BETWEEN:
BADDU HEMALATHA D/O B NARAYANA RAO AGED ABOUT 29 YEARS, R/AT B T MUNE GOWDA BUILDING, APPAJAPPA LAYOUT, OPP SAI MANDIR SHAMPURA MAIN ROAD RT NAGAR POST, BANGALORE-560045.
…PETITIONER
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
REVATHI M W/O NAGENDRA AGED ABOUT 34 YEARS, R/AT NO.436 GOVINDRAJ COMPOUND 5TH A CROSS OPP TO ASHRAYA PG TCH COLLEGE ROAD NAGAWARA,BANGALORE-560045 PRESENTLY R/AT NO.210 AK COLONY, KARCHARAKANAHALLI ST.THOMAS TOWN BENGALURU 560084
…RESPONDENT
CRL.P No. 679 of 2022
THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 09.12.2021 PRESENT AT ANNEXURE-D i.e DISMISSAL ORDER PASSED BY THE HONBLE XVII ADDL.JUDGE, SMALL CAUSE COURT IN C.C.NO.50147/2018 AND CONSEQUENTLY RESTORE THE SAME CASE ON THE FILES OF XVII HONBLE ADDL.SMALL CAUSE COURT JUDGE, AND A.C.M.M FOR DISPOSING THE CASE MERITS.
THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question the order dated 09.12.2021 passed by the XVII Additional Judge, Small Causes Court, dismissing the petition for its non-prosecution. The matter was pending as C.C.No.50147/2018. Two matters were dismissed on the same day, one in C.C.No.50148/2018 and the subject C.C., both for its non-prosecution.
“…….3. Brief facts leading to the filing of the present petition as borne out from the pleadings are as follows:
CRL.P No. 679 of 2022
The petitioner and the respondent had a transaction which resulted in a complaint being registered by the complainant invoking Section 138 of Negotiable Instruments Act, by registering a complaint on 27-11-2017. Accused was convicted by an order dated 01-4-2019. Against which, the respondent-accused files an appeal before the learned Sessions Judge in Crl.A.No.25143/2019.
4. The petitioner was heard in the matter and the appeal was allowed and the matter is remitted to the hands of the learned Magistrate for considering afresh, After which, the matter has appeared before the learned Magistrate on three dates i.e. on 15-11-2021, 30-11-2021 and on 09-12-2021. On all the three dates, petitioner was not present before the Court.
5. The order in the appeal was to appear before the learned Magistrate on 15-11-2021 without any further notices, learned counsel appearing for the petitioner submits that, the judgment was reserved and pronounced and he was not aware of the orders being so passed and added to that, was the third wave of COVID 2019 and SOP in force. Since the order of conviction was passed against he respondent and in favour
CRL.P No. 679 of 2022
of the accusation of the complainant, one opportunity was required to be granted to the petitioner. Therefore, the order requires to be obliterated and the case before the concerned Court to be restored to file.”
Petition No.715/2022, I pass the following:
ORDER
(i) The petition is allowed.
(ii) Order dated 09-12-2021 dismissing CC No.50147/2018 for its non-prosecution is quashed.
(iii) The CC No. 50147/2018 is restored to file to take-up further proceedings in accordance in terms of directions issued by the learned Session Judge in Criminal Appeal No.25144/2019.
(iv) It is made clear that, if the petitioner again remains absent in future proceedings, learned Magistrate would be at liberty to pass appropriate orders.
Sd/JUDGE
Cm/-
1 issue framed by the court
Whether the order dismissing the cheque dishour case for non-prosecution can be quashed under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Criminal Petition No.715/2018Followed¶22
1 provisions across 1 enactments
Baddu Hemalatha
Revathi M
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Nagaprasanna
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