Shri. Mahalaxmi Multipurpose Co-Op Society Topinkatti… — Cheque Dishonour | Karnataka HC (2025)

Shri. Mahalaxmi Multipurpose Co-Op Society Topinkatti… — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; order dated 08.09.2025 of the VII JMFC Court, Belagavi in C.C. No.576/2019 set aside; Trial Court directed to give the petitioner-complainant an opportunity to file objections and pass orders in accordance with law; complainant-petitioner to appear before the Trial Court on 01.12.2025; pending I.As disposed of.

Issue for consideration

Whether the order dated 08.09.2025 passed in C.C. No.576/2019 by the VII JMFC Court, Belagavi ought to be set aside on the ground that no opportunity was given to the petitioner-complainant to file objections, and whether the application under Section 145(2) N.I. Act r/w 311 should be rejected.

Court's answer

The criminal petition is allowed.

Ratio / Principle

The order dated 08.09.2025 passed in C.C. No.576/2019 by the VII JMFC Court, Belagavi, is set aside.

Key takeaways

The Trial Court is directed to give the petitioner-complainant an opportunity to file objections and to pass orders in accordance with law.ratio¶34
The complainant-petitioner is directed to appear before the Trial Court on 01.12.2025.ratio¶35
In view of the disposal of the petition, pending I.As, if any, stand disposed of.ratio

Detailed headnote1 paragraphs

Criminal Petition (Crl.P. No.104245/2025) under Section 482 Cr.P.C. / Section 528 BNSS filed by the complainant (a co-operative society through its Manager/Recovery Officer) against the order dated 08.09.2025 passed by the VII JMFC Court, Belagavi in C.C. No.576/2019 (a case involving an application under Section 145(2) N.I. Act r/w 311, Annexure-C), on the ground that no opportunity was given to the complainant to file objections. Held: the petition is allowed; the order dated 08.09.2025 is set aside; the Trial Court is directed to give the petitioner-complainant an opportunity to file objections and pass orders in accordance with law; the complainant-petitioner is directed to appear before the Trial Court on 01.12.2025; pending I.As stand disposed of. Single judge: S. Rachaiya, J. (decided 13.11.2025, High Court of Karnataka, Dharwad).

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NC: 2025:KHC-D:15524 CRL.P No. 104245 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO.104245 OF 2025

(482(Cr.PC)/528(BNSS))

BETWEEN:

SHRI. MAHALAXMI MULTIPURPOSE CO-OP SOCIETY TOPINKATTI, KHANAPUR BRANCH, (REPRESENTED BY MANAGER/RECOVERY OFFICER) SHRI. HANAMANT NAGOJI PAWALE, AGE. 44 YEARS, OCC. SERVICE, R/O. RAVISHRI APARTMENT, SOMAVAR PETH, BEHIND KAVALEMATH, TILAKAWADI, TQ. BELAGAVI, DIST. BELAGAVI-590006.

…PETITIONER

(BY SRI. PRASHANT S.KADADEVAR, ADVOCATE)

Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

AND:

SHRI. SWATI SAVIO PEREIRA, AGE. MAJOR, R/O. A/P. BURUD GALLI, KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI-591302.

…RESPONDENT

(NOTICE TO RESPONDENT IS DISPENSED WITH)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 08.09.2025 PASSED BY THE COURT OF THE VII JMFC COURT BELAGAVI AT BELAGAVI IN C.C. NO.576/2019 (ANNEXURE-A) AND REJECT THE APPLICATION UNDER SECTION 145(2) OF N.I. ACT R/W 311 (ANNEXURE-C), IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2025:KHC-D:15524 CRL.P No. 104245 of 2025

HC-KAR

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

Petitioner-complainant being aggrieved by the order dated 08.09.2025 passed in CC No.576/2019 by the VII JMFC Court, Belagavi, is before this Court seeking to set aside the order dated 08.09.2025 on the ground that no opportunity was given to him to file objections.

Perused the order sheet of the Trial Court passed in CC No.576/2019 which is produced by the complainantpetitioner.

Having considered the material available on record, I proceed to pass the following;

ORDER

(i) The petition is allowed .

(ii) The order dated 08.09.2025 passed in CC No.576/2019 by the VII JMFC Court, Belagavi, is hereby set aside .

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NC: 2025:KHC-D:15524 CRL.P No. 104245 of 2025

HC-KAR

(iii) The Trial Court is directed to give an opportunity to the petitioner-complainant to file objections and directed to pass order in accordance with law.

(iv) The complainant-petitioner is directed to appear before the Trial Court on 01.12.2025.

In view of the disposal of the petition, pending I.As, if any, shall stand disposed off.

Sd/(S.RACHAIAH) JUDGE

PJ/CT: UMD List No.: 1 Sl No.: 4