Complainant's revision petition challenging a first appellate court's remand of a cheque-dishonour conviction for lack of recorded accused statement. Court upheld the remand as proper, construed it as limited to recording the accused statement and proceeding thereafter, and directed trial court to take coercive steps if accused remains absent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:21979 CRL.RP No. 266 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 266 OF 2024
BETWEEN:
KALURAM CHOUDHARY, S/O ROOPA RAM CHOUDHARY, AGED ABOUT 54 YEARS, M/S SANGAM HARDWARE AND ELECTRICALS, R/AT NO.47, SINGASANDRA, HOSUR MAIN ROAD, OPP. ESI BUILDING, BENGALURU - 560 068.
…PETITIONER
(BY SRI. R. RAKESK KUMAR, ADVOCATE FOR SRI. MANJUNATHA A, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
SRI. VISHWANATH, S/O VENKATESH, AGED ABOUT 44 YEARS, R/AT NO.154/2, 1ST FLOOR, MANJU DISTRIBUTORS BUILDING, NEXT TO GOVERNMENT URDU HIGHER PRIMARY SCHOOL, MANIPAL COUNTY ROAD, SUBHASH NAGAR 'B' BLOCK, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 068.
…RESPONDENT
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 03.01.2024 PASSED BY THE COURT OF LXV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-66) BENGALURU CITY IN CRL.A.NO.46/2023 AND CONFIRM THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE XV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU IN C.C.NO.12281/2022 DATED 19.12.2022 CONSEQUENTLY CONVICT THE ACCUSED/RESPONDENT HEREIN FOR THE OFFENCE P/U/S 138 OF NI ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Rakesh Kumar, learned counsel for Manjunatha A., learned counsel for the revision petitioner.
NC: 2024:KHC:21979 CRL.RP No. 266 of 2024
the accused statement, which is a mandatory duty on the part of the Trial Court.
NC: 2024:KHC:21979 CRL.RP No. 266 of 2024
not speak from what stage the Trial Court has to proceed with the case.
the First Appellate Court must be construed as one where under, the Trial Court is directed to record the accused statement and proceed with the case in accordance with law.
stands disposed of .
Sd/JUDGE
KAV List No.: 1 Sl No.: 48 CT: BHK
3 issues framed by the court
Was the appellate remand order valid given the trial was vitiated by failure to record the accused statement?
From what stage should the Trial Court proceed after the open remand order?
Should coercive steps be taken to secure the absent accused's presence before the Trial Court?
2 provisions across 2 enactments
Kaluram Choudhary
Vishwanath
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
