Allowed

Wurht Electronics Services India v. Delhi Control Devices (P) Limited

Karnataka HC2 Jan 2023CRL.P/4719/2018

Case brief

AI extract

What is this about?

In this criminal petition, the High Court quashed the order of a lower Magistrate that dismissed a private complaint for want of prosecution in a cheque bounce case. The Court restored the complaint to the original file and granted the petitioner one more opportunity to proceed.

What did the court decide?

The impugned order dismissing the complaint for want of prosecution was quashed and the complaint was restored to the original file.

Wurht Electronics Services India Vs Delhi Control Devices… — Cheque Dishonour | Karnataka HC (2023)

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CRL.P NO.4719 OF 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^nd DAY OF JANUARY, 2023

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BEFORE

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THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION No.4719 OF 2018

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BETWEEN :

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WURHT ELECTRONICS SERVICES INDIA PRIVATE LIMITED, THROUGH ITS AUTHORIZED REPRESENTATIVE MR SACHIN BALAKRISHNA VASEDAR, HAVING ITS OFFICE AT WILLINGTON ACCORD NO.14/2, GROUND FLOOR, WILLINGTON STREET, RICHMOND TOWN, BANGALORE – 560 025.

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PRESENTLY OFFICE IS AT PRESTIGE STERLING SQUARE, NO.3, MADRAS TANK ROAD, NEXT AIRLINES HOTEL, BANGALORE – 560 001.

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...PETITIONER

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(BY SRI.DAYANAND HIREMATH, ADVOCATE)

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AND :

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DELHI CONTROL DEVICES (P) LIMITED, A COMPANY REGISTERED UNDER THE COMPANY ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.C-23, SECTOR-4, NOIDA, UTTER PRADESH – 201 301. REPRESENTED BY ITS DIRECTOR MR. ASHISH GUPTA, MAJOR.

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MR.ASHISH GUPTA, DIRECTOR DELHI CONTROL DEVICES (P) LTD., NO.C-23, SECTOR-4, NOIDA, UTTER PRADESH – 201 301.

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...RESPONDENTS

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CRL.P NO.4719 OF 2018

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 25.06.2016 PASSED IN P.C.R.NO.50325/2018 ON THE FILE OF THE HON'BLE LVIII, A.C.M.M., MAYO HALL, AT BANGALORE IN DISMISSING THE COMPLAINT AND RESTORE THE SAME.

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

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ORDER

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The petitioner has filed a private complaint under Section 200 Cr.P.C for the offence punishable under

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Section 138 of the N.I. Act alleging that three cheques, issued by the accused towards legally enforceable debt, when presented for realisation were dishonoured for want of funds.

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The learned Magistrate after recording the sworn statement of the complainant, took cognisance and issued summons. The complainant having not taken steps for issuing summons to the accused, though sufficient opportunity was provided, the

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CRL.P NO.4719 OF 2018

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learned Magistrate dismissed the complaint for want of prosecution, against which, the present petition is filed.

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Notice issued to the respondents/accused is returned with the endorsement stating that the accused-Company is closed for the last 4 to 5 years. Hence, service of notice to accused is dispensed with.

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A perusal of the order sheet indicates that several opportunities were granted to the petitionercomplainant to take steps. However, the complainant without sufficient cause has not chosen to take steps. In order to secure the ends of justice, it would be appropriate to grant one more opportunity to the complainant to take steps by recalling the order of dismissal and restoring the complaint to the original file. Accordingly, the following order is passed :

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ORDER

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i) The Criminal petition is allowed;

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CRL.P NO.4719 OF 2018

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ii) The impugned order dated 16.5.2018 passed by the LVIII ACMM, Mayohall, Bengaluru, in PCR No.50325/2018 is hereby quashed;

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iii) The complaint-PCR No.50325/2018 is restored to its original file. It is made clear that if the complainant does not take steps to issue summons to the accused on the next date of hearing without sufficient cause, the learned Magistrate is at liberty to pass appropriate orders in accordance with law.

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Sd/JUDGE

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Wurht Electronics Services India v. Delhi Control Devices (P) Limited

Case brief

What is this about?

What did the court decide?

Wurht Electronics Services India v. Delhi Control Devices (P) Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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