Partly allowed

Sri Nitin Chandrakant Shet v. Sri Mahantesh Tukaram Kalal

Karnataka HC15 Feb 2024CRL.RP/100006/2024

Case brief

AI extract

What is this about?

A petitioner convicted under the Negotiable Instruments Act saw his statutory appellate dismissal-for-non-prosecution challenged in revision. Holding such dismissal improper, the court set aside the appellate order and restored the criminal appeal to file.

What did the court decide?

Order dated 07.08.2023 dismissing Crl.A.No.95/2022 for non-prosecution set aside and criminal appeal restored to file.

Sri Nitin Chandrakant Shet Vs Sri Mahantesh Tukaram Kalal — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC-D:3613 CRL.RP No. 100006 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL REVISION PETITION NO. 100006 OF 2024 (397)

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BETWEEN:

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SRI NITIN CHANDRAKANT SHET, AGE: 43 YEARS, OCC: BUSINESS, R/O. BEHIND DURGA BEKARI, SUPER MARKET, GANDHI CHOWK, DHARWAD-580001.

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…PETITIONER

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(BY SRI P. G. CHIKKANARAGUND, ADVOCATE)

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AND:

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.19 15:01:25 +0530

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SRI MAHANTESH TUKARAM KALAL, AGE: 44 YEARS, OCC: BUSINESS, R/O: BUSAPPA CHOWK, LINE BAZAR, DHARWAD-580001.

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…RESPONDENT (BY SMT. POOJA R. SAVADATTI, FOR SRI R.H.ANGADI, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED 07.08.2023 IN CRL.APPEAL NO. 95/2022 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD, AND THE JUDGMENT AND ORDER DATED 02.11.2022 IN CRL. CASE NO. 1305/2020 PASSED BY THE I ADDL. CIVIL JUDGE

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NC: 2024:KHC-D:3613 CRL.RP No. 100006 of 2024

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AND JMFC DHARWAD, AND ACQUIT THE PETITIONER/ACCUSED FOR OFFENCE PUNISHABLE U/SEC. 138 OF NI ACT.

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

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ORDER

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This Revision Petition under Section 397 read with Section 401 of Cr.P.C. is filed with a prayer to set-aside the order dated 07.08.2023 passed by the Court of II Addl. District and Sessions Judge, Dharwad in Criminal Appeal No.95/2022 and the judgment and order dated 02.11.2022 in C.C.No.1305/2020 passed by the Court of I Addl. Civil Judge and JMFC, Dharwad.

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Heard the learned counsel for the parties.

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Petitioner herein was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N.I. Act’ for short) by the Court of I Addl. Civil Judge and JMFC, Dharwad in C.C.No.1305/2020 vide its judgment and order of conviction and sentence dated 02.11.2022 and he was sentenced to pay fine of Rs.3 lakhs and

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3 - NC: 2024:KHC-D:3613 CRL.RP No. 100006 of 2024

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in default to undergo simple imprisonment for a period of three months. As against the said judgment and order of conviction and sentence passed by the Trial Court, the petitioner had preferred a statutory appeal before the jurisdictional Sessions Court in Crl.A.No.95/2022. The same was dismissed for nonprosecution by the learned Sessions Judge vide the order impugned. Being aggrieved by the same, the petitioner is before this Court.

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It is trite that an appeal or a revision petition filed by accused challenging the judgment and order of conviction and sentence cannot be dismissed for non-prosecution. The Hon’ble Supreme Court as well as this Court have time and again reiterated the above principle of law. However, inspite of the same, the learned Sessions Judge has dismissed the appeal filed under Section 374 of Cr.P.C. by the accused, for non-prosecution. Therefore, the said order cannot be sustained. Accordingly, the following:-

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ORDER

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(i) The Criminal Revision Petition is partly

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allowed.

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NC: 2024:KHC-D:3613 CRL.RP No. 100006 of 2024

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(ii) The order dated 07.08.2023 passed in Crl.A.No.95/2022 by the Court of II Addl. District and Sessions Judge, Dharwad, is setaside and the criminal appeal is restored to file.

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Sd/JUDGE

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DN/CT:GSM List No.: 1 Sl No.: 44

Sri Nitin Chandrakant Shet v. Sri Mahantesh Tukaram Kalal

Case brief

What is this about?

What did the court decide?

Sri Nitin Chandrakant Shet v. Sri Mahantesh Tukaram Kalal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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