The petitioner sought to quash a conviction for cheque dishonour under Section 138 of the NI Act via a writ petition under Section 482 Cr.P.C. The High Court dismissed the petition as not maintainable because the conviction was already under challenge in a pending criminal appeal before the Sessions Court.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101460 OF 2024
BETWEEN:
NITIN S/O CHANDRAKANT SHET, AGE: 35 YEARS OCC: BUSINESS, R/O: 18B, SADANAKERI, HUBLIKAR WARD-3, KC PARK, DHARWAD 580008
…PETITIONER
(BY SRI. M.M.KORIMATH, ADVOCATE)
AND:
SMT. BASVANNEVVA @ BASANVANNEVVA W/O BASAVANNEPPA BETAGERI, AGE. 66 YEARS, OCC. HOUSEWIFE, R/O. MAREWADA, TQ AND DIST: DHARWAD-580008.
YASHAVANT NARAYANKAR
Location: HIGH COURT OF KARNATAKA
…RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE JUDGMENT PASSED IN CC NO. 40/2021 PASSED BY THE IV ADDL. SENIOR CIVIL JUDGE AND J.M.F.C., DHARWAD DATED 14.02.2023 CONVICTING THE PETITIONER FOR THE OFFENCE P/U/SEC. 138 OF NI ACT AND THE CRIMINAL APPEAL NO. 13/2024 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD MAY BE ALLOWED TO UPHOLD THE DIGNITY OF LAW AND JUSTICE HENCE THIS PETITION AND THE LOWER COURT RECORDS MAY BE CALLED FOR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused praying to quash the judgment dated 14.02.2023 passed in C.C.No.40/2021 by IV Additional Senior Civil Judge and JMFC, Dharwad and Crl.A.No.13/2024 pending on the file of II Addl. District and Sessions Judge, Dharwad.
quashing of the judgment of conviction by invoking
provision under Section 482 of Cr.P.C.
maintainable and accordingly, it is dismissed.
Sd/(SHIVASHANKAR AMARANNAVAR)
JUDGE
RKM CT: CNB List No.: 1 Sl No.: 11
1 issue framed by the court
Whether a petition under Section 482 Cr.P.C. is maintainable to quash a conviction where a criminal appeal against the same conviction is pending before the Appellate Court?
1 provisions across 1 enactments
Nitin S/o Chandrakant Shet
Smt. Basvannevva @ Basanvannevva W/o Basvanneppa Betageri
Yashavant Narayankar
Shivashankar Amarannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
