Disposed

Srinivasa Poojary v. Smt. Sumathi S Amin

Karnataka HC25 Sept 2024CRL.RP/596/2020

Case brief

AI extract

What is this about?

Criminal revision petitions against conviction in cheque dishonour cases; petitioner died during proceedings and legal representatives were not brought on record. Court relied on Ramesan v State of Kerala to hold petitions do not abate, and disposed of them reserving liberty for recovery.

What did the court decide?

Petitions disposed; respondent permitted to recover the due amount as per law and withdraw deposited amounts from trial/appellate/High Court via electronic transfer with bank details and identificatio

Srinivasa Poojary Vs Smt. Sumathi S Amin — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC:39923 CRL.RP No. 596 of 2020 C/W CRL.RP No. 595 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2024

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BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CRIMINAL REVISION PETITION NO. 596 OF 2020 C/W CRIMINAL REVISION PETITION NO. 595 OF 2020

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IN CRL.RP No. 596/2020

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BETWEEN:

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SRINIVASA POOJARY, S/O KANTHU POOJARY, AGED ABOUT 62 YEARS, R/AT 'PREMA NIVAS', KODANKOOR, AMBALPADY POST, UDUPI TALUK AND DISTRICT - 576 101.

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…PETITIONER

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(BY SRI. KRISHNA SWAMY S., ADVOCATE)

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AND:

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Digitally signed by ANJALI M Location: High Court of Karnataka

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SMT. SUMATHI S AMIN, W/O LATE SADASHIVA AMIN, AGED ABOUT 52 YEARS, 3-3-5B 'YASH DEEP', BEEDU MARGA, NEAR AMBALAPADY TEMPLE, AMBALPADI POST, UDUPI TALUK - 576 101.

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(BY SRI. DHANANJAY KUMAR., ADVOCATE)

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…RESPONDENT

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 17.03.2018 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., UDUPI IN C.C.NO.1918/2017 AND THE CONFIRMATION OF SAID JUDGMENT DATED 10.06.2020 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT, UDUPI IN CRL.A.NO.26/2018 BY ALLOWING

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NC: 2024:KHC:39923 CRL.RP No. 596 of 2020 C/W CRL.RP No. 595 of 2020

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THIS CRL.RP AND DISMISSING THE COMPLAINT OF THE RESPONDENT.

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IN CRL.RP NO. 595/2020

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BETWEEN:

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SRINIVASA POOJARY, S/O KANTHU POOJARY, AGED ABOUT 62 YEARS, R/AT 'PREMA NIVAS', KODANKOOR, AMBALPADY POST, UDUPI TALUK AND DISTRICT - 576 101.

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...PETITIONER

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(BY SRI. KRISHNA SWAMY S., ADVOCATE)

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AND:

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SMT. SUMATHI S AMIN, W/O LATE SADASHIVA AMIN, AGED ABOUT 52 YEARS, 3-3-5B 'YASH DEEP', BEEDU MARGA, NEAR AMBALPADY TEMPLE, AMBALPADI POST, UDUPI TLAUK ANDDISTRICT - 576 101.

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...RESPONDENT

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(BY SRI. DHANANJAY KUMAR., ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 17.03.2018 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., UDUPI IN C.C.NO.1917/2017 AND THE CONFIRMATION OF SAID JUDGMENT DATED 10.06.2020 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT, UDUPI IN CRL.A.NO.25/2018 BY ALLOWING THIS CRL.RP AND DISMISSING THE COMPLAINT OF THE RESPONDENT.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER:

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3 - NC: 2024:KHC:39923 CRL.RP No. 596 of 2020 C/W CRL.RP No. 595 of 2020

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Learned counsel for the petitioner has filed a memo dated 05.04.2024 reporting the death of the petitioner along with a copy of the death certificate. However, till date, no steps are taken to bring the legal representatives of the deceased petitioner on record. The petition herein would not abate in view of the judgment in the case of Ramesan V/s State of Kerala reported in (2020) 3 SCC 45 , but however in view of no steps being taken to bring the legal representatives on record this petition could be closed reserving liberty.

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It is seen from the order sheet that some

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amount has been deposited pursuant to the order passed by this Court. The matters pertain to Section 138 of the Negotiable Instruments Act, 1881. Therefore, in view of the death of the petitioner, this Court deems it appropriate to dispose off the petitions, reserving liberty to the respondent to initiate recovery of the due amount.

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4 - NC: 2024:KHC:39923 CRL.RP No. 596 of 2020 C/W CRL.RP No. 595 of 2020

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Accordingly, I pass the following:

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ORDER

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i) The criminal revision petitions are disposed off .

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ii) The respondent is at liberty to recover the amount due to him in the manner known to law.

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iii) The respondent is permitted to withdraw the amount deposited by the petitioner before the trial Court, appellate Court or before this Court.

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iv) The trial Court/appellate Court/High Court shall release the amount in favour of the respondent/complainant by way of electronic transfer upon furnishing relevant Bank details and on proper identification.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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List No.: 1 Sl No.: 3

Srinivasa Poojary v. Smt. Sumathi S Amin

Case brief

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Srinivasa Poojary v. Smt. Sumathi S Amin

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