Sri. M.K Kotresh Vs Sri. Durugappa — Cheque Dishonour | Karnataka HC (2025)

Sri. M.K Kotresh Vs Sri. Durugappa — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to avail the statutory remedy of appeal; if the appeal is filed within two weeks from receipt of the original certified copies, the appellate court shall extend the benefit of Section 14 of the Limitation Act, 1963 by excluding the period spent prosecuting this petition; the Registry is directed to return all certified copies to the petitioner after retaining photocopies for the record.

Issue for consideration

Whether a criminal petition invoking the inherent jurisdiction of the High Court under Section 482 CrPC / Section 528 BNSS is maintainable against a conviction under Section 138 of the NI Act, which is appealable under law.

Court's answer

A criminal petition invoking the inherent jurisdiction of the High Court (Section 482 CrPC / Section 528 BNSS) is not maintainable against a conviction under Section 138 of the NI Act, since such a conviction is appealable under law.

Ratio / Principle

The criminal petition stands dismissed, with liberty reserved to the petitioner to avail the statutory remedy of appeal.

Key takeaways

If an appeal is filed within two weeks from the date of receipt of the original certified copies, the appellate court shall extend the benefit of Section 14 of the Limitation Act, 1963 by excluding the period spent in prosecuting the present petition before this Court.ratio¶¶25

Detailed headnote1 paragraphs

Criminal petition under Section 482 CrPC (invoked via Section 528 BNSS) challenging a conviction order under Section 138 of the Negotiable Instruments Act, 1881 (order dated 03.10.2024, I Addl. Civil Judge and JMFC, Davanagere, in C.C No. 2152/2022, insofar as directing payment of fine of Rs. 3,80,000/-) held NOT MAINTAINABLE, since a conviction under Section 138 NI Act is appealable under law and inherent jurisdiction cannot be invoked in its place. Petition dismissed with liberty to the petitioner to pursue the statutory appeal; where the appeal is filed within two weeks of receipt of the original certified copies, the appellate court is directed to extend the benefit of Section 14 of the Limitation Act, 1963 by excluding the period spent in prosecuting this petition; Registry directed to return certified copies to the petitioner retaining photocopies for record.

NC: 2025:KHC:31148 CRL.P No. 11256 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11256 OF 2025

BETWEEN:

SRI. M.K KOTRESH S/O LATE. M. KANNAPPA AGED ABOUT 51 YEARS, RESIDING AT "RENUKA NILAYA", DOOR NO.4580/5, S.S LAYOUT, "A" BLOCK, NEAR BOTTLE BUILDING, DAVANAGERE.

…PETITIONER

(BY SRI. B.M. HALASWAMY, ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SRI. DURUGAPPA S/O. KENCHAPPA, AGED ABOUT 46 YEARS, R/O.INDIRA BADAVANE (CAMP), KONDAJI VILLAGE, KASABA HOBLI, HARIHARA TALUK, DAVANAGERE DISTRICT.

…RESPONDENT

THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO A). SET ASIDE THE ORDER DATED 03.10.2024 PASSED BY THE I ADDL.CIVIL JUDGE AND JMFC, AT DAVANAGERE IN C.C NO.2152/2022 IN SO FAR AS

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HC-KAR

DIRECTING THE RESPONDENT TO PAY FINE AMOUNT OF RS.3,80,000/- ANNEXURE A.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The conviction order passed under Section 138 of the Negotiable Instruments Act, 1881, is sought to be assailed in the present criminal petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973). Inasmuch as a conviction under Section 138 of the N.I. Act is appealable under law, the present petition, invoking inherent jurisdiction, is not maintainable.

Accordingly, while reserving liberty to the petitioner to avail the statutory remedy of appeal, the criminal petition stands dismissed. It is further directed that, in the event such an appeal is filed within two weeks from the date of receipt of the original certified copies, the appellate court shall extend the benefit of Section 14 of the Limitation Act, 1963, by excluding

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NC: 2025:KHC:31148 CRL.P No. 11256 of 2025

HC-KAR

the period spent in prosecuting the present petition before this Court.

The Registry is directed to return all certified copies

to the petitioner after retaining photocopies of the same for the record.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

HDK List No.: 1 Sl No.: 30 CT: BHK