Sri C Satisha v. Sri Venakteshmurthy T

Karnataka HC15 Jan 2025CRL.P/13197/2024

Case brief

AI extract

What is this about?

Karnataka HC, S.R. Krishna Kumar J, 15-01-2025, CRL.P No. 13197 of 2024 (NC: 2025:KHC:1420): quashing petition u/s 482 Cr.PC / u/s 528 BNSS by accused C Satisha against S.138 NI Act complaint case C.C.No.19024/2019 (PCR No.10160/2018) of complainant Venkateshmurthy T before XV ACJM Bengaluru; contentions of limitation, non-enforceable debt, time barred debt, non-service of notice not adjudicated; petition disposed with liberty to urge all contentions before trial Court; no cases cited; no quantum involved.

What did the court decide?

Liberty reserved to the petitioner to urge all contentions, defences etc., before the trial Court; petition otherwise disposed of without quashing. ¶¶26

Sri C Satisha Vs Sri Venakteshmurthy T — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to urge all contentions, defences etc., before the trial Court; petition otherwise disposed of without quashing.

¶¶26

Issue for consideration

Whether the criminal proceedings in C.C.No.19024/2019 (arising out of PCR No.10160/2018, offence punishable under S.138 of the N.I Act) pending before the XV Additional Chief Judicial Magistrate, Bengaluru, are maintainable and deserve to be quashed, on grounds including limitation, non-enforceable debt, time barred debt and non-service of notice.

¶¶25

Court's answer

The petition is disposed of with liberty reserved to the petitioner to urge all contentions, defences etc., before the trial Court, which is to provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law.

¶¶26

Ratio / Principle

The several contentions urged by the petitioner (including limitation, non-enforceable debt, time barred debt and non-service of notice) were not adjudicated on merits by this Court; they were left open to be urged before the trial Court.

¶¶26

Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 13197 of 2024) filed u/s 482 Cr.PC (filed u/s 528 BNSS) by the accused, Sri C Satisha, seeking quashing of proceedings in C.C.No.19024/2019 (out of PCR No.10160/2018) for an offence p/u/s 138 of the N.I Act, pending before the XV Additional Chief Judicial Magistrate, Bengaluru, initiated by private complaint of the respondent/complainant Sri Venkateshmurthy T. Counsel for the petitioner contended the complaint was not maintainable on grounds including limitation, non-enforceable debt, time barred debt and non-service of notice. The Court (S.R. Krishna Kumar, J.), noting the matter was posted for evidence before the trial Court, disposed of the petition reserving liberty to the petitioner to urge all contentions and defences before the trial Court, which is to afford sufficient and reasonable opportunity and proceed in accordance with law. No ruling was made on the merits of the maintainability contentions; no precedents cited.

¶1

¶2

NC: 2025:KHC:1420 CRL.P No. 13197 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 15^TH DAY OF JANUARY, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

¶7

CRIMINAL PETITION NO. 13197 OF 2024

¶8

BETWEEN:

¶9

SRI C SATISHA, S/O LATE CHENNAPPA, AGED ABOUT 50 YEARS R/A NO.711, 27^TH MAIN ROAD, 18^TH CROSS, J P NAGAR, MYSURU-577031

¶10

…PETITIONER

¶11

(BY SRI M B CHANDRACHOODA, ADVOCATE)

¶12

AND:

¶13

Digitally signed by NANDINI R Location: High Court of Karnataka

¶14

SRI VENKATESHMURTHY T, S/O THIMMAPPA, AGED ABOUT 61 YEARS, R/A NO.26/3, 1^ST CROSS, JAYAMARUTHINAGAR, NANDINI LAYOUT BENGALURU-560 096.

¶15

(BY SRI VINAY MAHADEVIAH, HCGP)

¶16

…RESPONDENT

¶17

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE PCR NO.10160/2018 IN C.C.NO.19024/2019 FOR AN OFFENCE P/U/S 138 OF N.I ACT PENDING ON THE FILE OF XV A.C.J.M BENGALURU.

¶18

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

¶19

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

¶20

¶21

NC: 2025:KHC:1420 CRL.P No. 13197 of 2024

¶22

ORAL ORDER

¶23

The petitioner/accused in C.C.No.19024/2019 seeks

¶24

quashing of the impugned proceedings filed by the respondent/complainant which are currently pending on the file of the XV Additional Chief Judicial Magistrate, Bengaluru.

¶25

Learned counsel for the petitioner submits that the complaint filed by the respondent/complainant is not maintainable on various ground including limitation, non-enforceable debt, time barred debt and non-service of notice etc., and consequently, the impugned proceedings deserve to be quashed.

¶26

Though several contentions have been urged by the petitioner in support of their claim, having regard to the undisputed fact that the proceedings arose out of a private complaint filed in the year 2018 converted as C.C.No.19024/2019, the matter being posted for evidence before the trial Court, in the facts and circumstances of the instance case, I deem it appropriate to dispose of the petition reserving liberty in favour of the petitioner to urge all contentions, defences etc., before the trial Court which has provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law.

¶27

¶28

NC: 2025:KHC:1420 CRL.P No. 13197 of 2024

¶29