Quashed

Sri. Ram Rathan J. Setty v. Sri. Ganapathi M.S.

Karnataka HC3 Apr 2024CRL.RP/105/2020

Case brief

AI extract

What is this about?

The High Court set aside conviction and sentence in a cheque dishonour case, finding the accused denied opportunity to lead defense evidence. The matter was remanded to the Trial Court to allow the accused to adduce evidence before final disposal.

What did the court decide?

Revision petition partly allowed; conviction and sentence set aside; case remanded to Trial Court to allow accused to adduce defense evidence.

Sri. Ram Rathan J. Setty Vs Sri. Ganapathi M.S. — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC:13613 CRL.RP No. 105 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO. 105 OF 2020

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BETWEEN:

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SRI. RAM RATHAN J. SETTY, S/O LATE I.M. JAYARAM SETTY, AGED ABOUT 35 YEARS, PROPRIETOR, MULTIMIN AGRO CHEMICALS, NO.443/H, 4^TH PHASE, PEENYA INDUSTRIAL AREA, BANGALORE - 560 058.

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…PETITIONER

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(BY SRI. SHIVAMURTHY S., ADVOCATE)

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AND:

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Digitally signed by SANDHYA S Location: High Court of Karnataka

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SRI. GANAPATHI M.S., S/O LATE SOMANNA, AGED ABOUT 65 YEARS, R/AT NO.831, VENKATESHA NILAYA, K.R. PURAM EXTENSION, HASSAN - 573 201.

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…RESPONDENT

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(SRI. GANAPATHI - RESPONDENT SERVED AND UNREPRESENTED)

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THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.12.2019 BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN IN CRL.A.NO.166/2019 AND THE JUDGMENT

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2 - NC: 2024:KHC:13613 CRL.RP No. 105 of 2020

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DATED 30.05.2019 PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND J.M.F.C., HASSAN IN C.C.NO.1053/2017.

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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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Revision petitioner/accused has preferred this revision petition against the judgment of conviction and order on sentence passed by the IVth Additional Civil Judge and JMFC, Hassan in C.C.No.1053/2017 dated 30.05.2019, which is confirmed by the V Additional District and Sessions Judge, Hassan in Criminal Appeal No.166/2019 dated 03.12.2019.

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The Court notice was issued to the respondent. Despite, the respondent has remained absent and unrepresented.

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I have heard the arguments of learned counsel for the revision petitioner.

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The Trial Court has not provided sufficient opportunity to the accused to adduce his defence evidence. The Appellate Court has also not considered the request of the accused/revision petitioner. Hence, on this ground only he sought for remanding the case to the Trial Court to provide an opportunity to the accused to adduce his oral evidence.

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3 - NC: 2024:KHC:13613 CRL.RP No. 105 of 2020

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Further learned counsel for the revision petitioner has submitted that the father of the petitioner was Senior Citizen suffering from various deceases.

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A perusal of the judgment which reveals that the accused has not adduced any evidence on his behalf. It is submitted by learned counsel for the petitioner that the accused has sent the reply notice to the complainant before filing this complaint. Unfortunately, the same was not produced by the accused before the Trial Court. Further he submits that the accused has got very good defence to rebut the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881.

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Considering the submission of learned counsel for the revision petitioner and facts and circumstances of this case, it is just and proper to provide an opportunity to the accused to adduce his evidence before the Trial Court. Accordingly, I proceed to pass the following:

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ORDER

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i) The revision petition is partly allowed. ii) The judgment of conviction and order of sentence passed by IVth Additional Civil Judge and JMFC, Hassan dated

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NC: 2024:KHC:13613 CRL.RP No. 105 of 2020

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30.05.2019, which is confirmed by the Vth Additional District and Sessions Judge, Hassan in Criminal Appeal No.166/2019 dated 03.12.2019 are set aside.

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iii) The case is remitted back to the Trial Court with a direction to provide an opportunity to the accused to adduce his defence evidence and thereafter, disposed of the case in accordance with law, as early as possible the matter is of the year 2020.

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iv) The accused/revision petitioner is directed to appear before the Trial Court without seeking further notice on 28.05.2024.

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v) The Trial Court is also directed to secure the presence of the complainant and proceed with the case in accordance with law.

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vi) Registry is directed to send the copy of this order to the Trial Court.

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PHM/List No.: 1 Sl No.: 14

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Sd/JUDGE

Sri. Ram Rathan J. Setty v. Sri. Ganapathi M.S.

Case brief

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Sri. Ram Rathan J. Setty v. Sri. Ganapathi M.S.

Case brief

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