Criminal Appeal against acquittal in cheques bounce case. High Court held that absence of By-laws or resolution authorizing the Manager to file complaint under Section 138 NI Act warrants acquittal. Appeal dismissed.
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NC: 2023:KHC-D:13495 CRL.A No. 100210 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 100210 OF 2016
BETWEEN:
SRI.VEERAMAHESHWARA PATTINA SOUHARDHA, SAHAKARI NIYAMATI-GANGAVATHI. THROUGH THE MANAGER, SRI. MALLIKARJUN MAHADEV K., AGE: 35 YEARS, OCC: MANAGER, R/O: EDIGA COLONY-SIDDIKERI ROAD, GANGAVATHI, DIST: KOPPAL.
… APPELLANT
(BY SRI. NEELENDRA D. GUNDE, ADVOCATE)
AND:
SRI. KARTHIK KUMAR M. S/O MANJUNATH, AGE: MAJOR, OCC: BUSINESS, R/O: SRINIVAS GOUDA HOSPITAL, NEAR MATTI HOSPITAL- GANGAVATHI, DIST: KOPPAL.
… RESPONDENT
VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPIDate:2023.11.2316:47:19 +0530
(BY SRI. MAQBOOLAHMED M. PATEL, ADVOCATE FOR SRI. S.S. BETURMATH, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF CR.P.C., SEEKING TO ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 08.07.2016 PASSED IN CRIMINAL CASE NO.965 OF 2015 PASSED BY THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASSGANGAVATHI FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT AND CONVICT THE RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR FURTHER HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC-D:13495 CRL.A No. 100210 of 2016
JUDGMENT
This appeal is filed challenging the judgment of acquittal dated 08.07.2016 passed in C.C.No.965/2015 by learned Prl. Civil Judge and J.M.F.C, Gangavathi and praying to convict the respondent for the offence punishable under Section 138 of The Negotiable Instruments Act (hereinafter referred as ‘N.I.Act’ for brevity).
complainant and learned counsel appearing for respondent-accused.
NC: 2023:KHC-D:13495 CRL.A No. 100210 of 2016
drawn on C.S.S.P.S Bank, Gangavathi. The appellant-Bank presented the said cheque for encashment and it came to be returned as dishonored with an endorsement ‘insufficient funds’ on 10.07.2014. The appellant-Bank got issued legal notice on 07.08.2014 and inspite of service of notice, respondent-accused did not make any payment of the cheque amount. Therefore, appellant-Bank filed Private Complaint against the respondent-accused for the offence punishable under Section 138 of N.I.Act.
NC: 2023:KHC-D:13495 CRL.A No. 100210 of 2016
dated 08.07.2016 in C.C.No.965/2015, which has been challenged in this appeal.
offence under Section 138 of N.I.Act. With this, he prayed to allow the appeal, set-aside the judgment of acquittal and to convict the respondent-accused for the offence punishable under Section 138 of N.I.Act.
NC: 2023:KHC-D:13495 CRL.A No. 100210 of 2016
produced documents as on the date of filing of the complaint that he is competent to file complaint.
10. Ex.P.1 is appointment order of appointing P.W.1
as Manager on 05.06.2008 and that appointment is for a period of 1 year on probation. Even though it is presumed and assumed that he has continued in his employment as a Manager after completing 1 year, there is no document to show that the Manager is authorized to represent the Society and file the complaint. The complainant has not produced any resolution passed by the said Society
authorizing the P.W.1 to file complaint on behalf of complainant.
ORDER
The appeal is dismissed.
Sd/JUDGE
AM & AC CT:BCK List No.: 1 Sl No.: 13
2 issues framed by the court
Whether the Manager of a Co-operative Society is authorized to file a complaint under Section 138 of the Negotiable Instruments Act without producing a resolution authorizing the same.
Whether the failure to produce By-laws authorizing the accused to institute proceedings warrants acquittal under Section 138 of the Negotiable Instruments Act.
3 provisions across 2 enactments
Sri. Veeramaheshwara Pattina Souhardha, Sahakari Niyamat-i-Gangavathi
Sri. Karthik Kumar M.
Shivashankar Amarannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
