Dismissed

R T Mukunda v. Shekar K S

Karnataka HC25 Sept 2023CRL.P/2364/2021

Case brief

AI extract

What is this about?

Four criminal petitions filed under Section 482 CrPC challenging tainted proceedings under Section 138 NI Act were dismissed as infructuous because the trial court closed the case after the complainant received the cheque amount pursuant to the petitioner's earlier representation.

What did the court decide?

The criminal petitions were dismissed as the performance of the order for which they were filed had become complete.

R T Mukunda Vs Shekar K S — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC:34953 CRL.P No. 2364 of 2021 C/W CRL.P No. 2326 of 2021 CRL.P No. 2330 of 2021 CRL.P No. 2358 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 2364 OF 2021

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C/W

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CRIMINAL PETITION NO. 2326 OF 2021 CRIMINAL PETITION NO. 2330 OF 2021 CRIMINAL PETITION NO. 2358 OF 2021

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IN CRIMINAL PETITION NO. 2364 OF 2021:

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BETWEEN:

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SRI. R T MUKUNDA S/O R M THIMMAIAH AGED ABOUT 61 YEARS, R/A NO.1649 EAST END 'A' MAIN, 9TH BLOCK JAYANAGAR, BENGALURU-560 069.

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…PETITIONER

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(BY SRI. T K RAJAGOPALA, ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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SRI. SHEKAR K S S/O LATE N B SUNDER RAJ AGED ABOUT 37 YEARS R/A NO.21/5 KONANAKUNTE CROSS VASANTHAPURA ROAD KANAKAPURA MAIN ROAD BENGALURU-560 062.

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…RESPONDENT

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(BY SRI. RAVISHANKAR T P, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO PASS AN ORDER GRANTING HIM NINE MONTHS TIME FROM THE DATE OF ORDER TO PAY THE BOUNCED CHEQUE AMOUNT IN C.C.NO.4447/2019 PENDING ON THE FILE OF XII ADDITIONAL SMALL CAUSES JUDGE AND A.C.M.M., SCCH-8, BENGALURU.

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NC: 2023:KHC:34953 CRL.P No. 2364 of 2021 C/W CRL.P No. 2326 of 2021 CRL.P No. 2330 of 2021 CRL.P No. 2358 of 2021

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IN CRIMINAL PETITION NO. 2326 OF 2021:

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BETWEEN:

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SRI. R T MUKUNDA S/O R M THIMMAIAH AGED ABOUT 61 YEARS R/A NO.1649, EAST END A MAIN 9TH BLOCK, JAYANAGAR BENGALURU-560 069.

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…PETITIONER

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(BY SRI. T K RAJAGOPALA, ADVOCATE) AND:

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SRI. SHEKAR K S S/O LATE N.B. SUNDER RAJ AGED ABOUT 37 YEARS R/AT NO.21/5, KONANAKUNTE CROSS VASANTHAPURA ROAD KANAKAPURA MAIN ROAD BENGALURU-560 062.

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO PASS AN ORDER GRANTING HIM NINE MONTHS TIME FROM THE DATE OF ORDER TO PAY THE BOUNCED CHEQUE AMOUNT IN C.C.NO.5554/2019 PENDING ON THE FILE OF XII ADDITIONAL SMALL CAUSES JUDGE AND A.C.M.M., SCCH-8, BENGALURU.

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IN CRIMINAL PETITION NO. 2330 OF 2021:

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BETWEEN:

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SRI. R T MUKUNDA S/O R.M.THIMMAIAH AGED ABOUT 58 YEARS, R/AT NO.1649, EAST END 'A' MAIN 9TH BLOCK, JAYANAGAR, BENGALURU-560 069.

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…PETITIONER

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(BY SRI. T K RAJAGOPALA, ADVOCATE)

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AND:

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SRI. CHANDRA K S S/O LATE N.B SUNDER RAJ

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3 - NC: 2023:KHC:34953 CRL.P No. 2364 of 2021 C/W CRL.P No. 2326 of 2021 CRL.P No. 2330 of 2021 CRL.P No. 2358 of 2021

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AGED ABOUT 38 YEARS, R/AT NO.21/5, KONANAKUNTE CROSS, VASANTHAPURA ROAD, KANAKAPURA MAIN ROAD, BENGALURU-560 062.

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO GRANT HIM NINE MONTHS TIME FROM THE DATE OF THE ORDER TO PAY THE BOUNCED CHEQUE AMOUNT IN C.C.NO.3100/2019 PENDING ON THE COURT OF XII ADDITIONAL SMALL CAUSES JUDGE AND A.C.M.M., SCCH-NO.8 BENGALURU COUPLED WITH.

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IN CRIMINAL PETITION NO. 2358 OF 2021:

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BETWEEN:

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SRI. R T MUKUNDA S/O R.M.THIMMAIAH AGED ABOUT 58 YEARS, R/AT NO.1649, EAST END 'A' MAIN, 9TH BLOCK, JAYANAGAR, BENGALURU-560 069.

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…PETITIONER

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(BY SRI. T K RAJAGOPALA, ADVOCATE)

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AND:

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SRI. CHANDRA K S S/O LATE N.B.SUNDER RAJ, AGED ABOUT 38 YEARS, R/AT NO.21/5, KONANAKUNTE CROSS, VASANTHAPURA ROAD, KANAKAPURA MAIN ROAD, BENGALURU-560 062.

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…RESPONDENT

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(BY SRI. RAVISHANKAR T P, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO PASS AN ORDER GRANTING HIM NINE MONTHS TIME FROM THE DATE OF ORDER TO PAY THE BOUNCED CHEQUE AMOUNT IN C.C.NO.5555/2019 PENDING ON THE FILE OF XII ADDITIONAL SMALL CAUSES JUDGE AND A.C.M.M., SCCH-8, BENGALURU.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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4 - NC: 2023:KHC:34953 CRL.P No. 2364 of 2021 C/W CRL.P No. 2326 of 2021 CRL.P No. 2330 of 2021 CRL.P No. 2358 of 2021

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ORDER

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These petitions are filed challenging the impugned proceedings initiated against the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act.

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The Trial Court has closed the impugned proceedings stating that the complainant has received the cheque amount from the accused in pursuance of the order passed by this Court. Hence, the relief sought for in these petitions does not survive for consideration.

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Accordingly, the petitions stands dismissed as having become infructuous.

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Sd/JUDGE

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R T Mukunda v. Shekar K S

Case brief

What is this about?

What did the court decide?

R T Mukunda v. Shekar K S

Case brief

What is this about?

What did the court decide?

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