Vasavadatta Cement, Vs M/S Blue Star Building Materials… — Cheque Dishonour | Karnataka HC (2025)

Vasavadatta Cement, Vs M/S Blue Star Building Materials… — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None; both appeals dismissed for non-prosecution (prayer to set aside acquittal, convict the respondents and award double the cheque amount as compensation was not considered).

Issue for consideration

Whether the appeals under Section 378(4) Cr.P.C. against the acquittal of the respondents for the offence under Section 138 of the Negotiable Instruments Act could proceed, given the appellant's counsel filing a memo of retirement without any alternate arrangement and the complainant's non-cooperation.

Court's answer

Both criminal appeals stand dismissed for non-prosecution, on the submission of the appellant's counsel that the complainant is not co-operating to proceed with the matters (following counsel's retirement with no alternate arrangement made on behalf of the appellant).

Detailed headnote1 paragraphs

Negotiable Instruments Act, 1881, S.138 - Appeal under S.378(4) Cr.P.C. against acquittal - CRL.A Nos. 200068 and 200069 of 2019 filed by Vasavadatta Cement (Proprietary Kesoram Industries Limited), complainant, through its PA holder, challenging the judgment and order of acquittal dated 08.04.2019 passed by the Civil Judge & JMFC at Sedam in Criminal Case Nos. 39/2012 and 202/2012 against M/s Blue Star Building Materials Pvt. Ltd. and its Managing Director P.G. Thakur, with a prayer to convict the respondents and award double the cheque amount as compensation - During the pendency, the appellant's counsel Sri D.P. Ambekar filed a memo of retirement with notice of retirement and postal acknowledgement in both cases, served on the appellant, and no alternate arrangement was made on behalf of the appellant - On the submission that the complainant was not co-operating to proceed with the matters, the High Court of Karnataka, Kalaburagi Bench (V Srishananda J.), dismissed both appeals for non-prosecution - The judgment records that the learned Trial Magistrate had formed a definite opinion that there was a material alteration in the cheques resulting in obliteration of the negotiable instrument, whereby presumption could not be raised on behalf of the complainant (recital of the trial court's view, not a finding of this Court).

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HC-KAR

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 23^RD DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

CRIMINAL APPEAL NO.200068 OF 2019

(378(Cr.PC)/419(BNSS))

C/W

CRIMINAL APPEAL NO.200069 OF 2019

(378(Cr.PC)/419(BNSS))

IN CRL.A.NO.200068/2019:

BETWEEN:

VASAVADATTA CEMENT, (PROPRIETARY KESORAM INDUSTRIES LIMITED), SITUATED AT LAXMINARAYAN NAGAR, SEDAM, DIST. GULBARGA-585222, Digitally signed by RENUKA REPRESENTED BY PA HOLDER: Location: HIGH SRI V.A.N. MURTHY S/O KRISHNA MURTHY, COURT OF KARNATAKA AGE: 51 YEARS, OCC: MANAGER-LEGAL, HYDERABAD-500001.

…APPELLANT

(BY SRI D. P. AMBEKAR, ADVOCATE)

AND:

M/S BLUE STAR BUILDING MATERIALS, PVT. LTD., 4, SNEHA SADAN, R.G. GADKARI PATH, PANVEL-410206, THROUGH SRI. P.G.THAKUR,

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HC-KAR

MANAGING DIRECTOR, M/S BLUE STAR BUILDING MATERIAL PVT., LTD., PANVEL-410206.

P.G. THAKUR MANAGING DIRECTOR, M/S BLUE STAR BUILDING MATERIAL PVT., LTD., 4, SNEHA SADAN, R.G. GADKARI PATH, PANVEL-410206.

…RESPONDENTS

(BY SRI BASAVARAJ C. JAKA, ADVOCATE FOR R2; R1 SERVED)

THIS CRL.A. IS FILED UNDER SECTION 378 (4) OF CR.P.C. PRAYING TO ADMIT THIS APPEAL, ALLOW THIS APPEAL AND THEREBY SET ASIDE THE JUDGMENT & ORDER OF ACQUITTAL DATED. 08.04.2019 PASSED BY THE CIVIL JUDGE & JMFC AT SEDAM IN CRIMINAL CASE NO.39/2012 & FURTHER CONVICT THE RESPONDENT/ACCUSED AND AWARD DOUBLE THE CHEQUE AMOUNT TO APPELLANT BY WAY OF COMPENSATION.

IN CRL.A.NO.200069/2019:

BETWEEN:

VASAVADATTA CEMENT (PROPRIETARY KESORAM INDUSTRIES LIMITED) SITUATED AT LAXMINARAYAN NAGAR, SEDAM, DIST: GULBARGA-585222, REPRESENTED BY PA HOLDER: SRI.V.A.N. MURTHY S/O KRISHNA MURTHY, AGE: 51 YEARS, OCC: MANAGER-LEGAL, HYDERABAD-500001.

…APPELLANT

(BY SRI D. P. AMBEKAR, ADVOCATE)

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HC-KAR

AND:

M/S BLUE STAR BUILDING MATERIALS, PVT LTD., 4, SNEHA SADAN, R.G. GADKARI PATH, PANVEL-410206, THROUGH SRI. P.G. THAKUR, MANAGING DIRECTOR, M/S BLUE STAR BUILDING MATERIAL PVT., LTD., PANVEL-410206.

P.G. THAKUR MANAGING DIRECTOR, M/S BLUE STAR BUILDING MATERIAL PVT., LTD., 4, SNEHA SADAN, R.G. GADKARI PATH, PANVEL-410206.

…RESPONDENTS

(BY SRI BASAVARAJ C. JAKA, ADVOCATE FOR R2; R1 SERVED)

THIS CRL.A. IS FILED UNDER SECTION 378 (4) OF CR.P.C. PRAYING TO ADMIT THIS APPEAL, ALLOW THIS APPEAL AND THEREBY SET ASIDE THE JUDGMENT & ORDER OF ACQUITTAL DATED 08.04.2019 PASSED BY THE CIVIL JUDGE & JMFC AT SEDAM IN CRIMINAL CASE NO.202/2012 & FURTHER CONVICT THE RESPONDENT/ACCUSED AND AWARD DOUBLE THE CHEQUE AMOUNT TO APPELLANT BY WAY OF COMPENSATION.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Learned counsel, Sri D.P. Ambekar for the appellant

has filed a memo of retirement along with notice of retirement and postal acknowledgement in both the cases. The same is served on the appellant. However, there was no alternate arrangement is made on behalf of the appellant.

The appellant in these appeals is the complainant, who is challenging an order of acquittal passed against the respondents for the offence under Section 138 of the Negotiable Instruments Act.

Perused the impugned judgments as well. The

learned Trial Magistrate has formed a definite opinion that there is a material alteration in the cheques resulting in obliteration of the negotiable instrument, whereby the presumption could not be raised on behalf of the appellant herein.

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HC-KAR

Hence, placing the submission of the learned

counsel Sri D.P.Ambekar that the complainant is not co-operating to proceed with the matters, the appeals stand dismissed for non-prosecution.

Sd/(V SRISHANANDA)

JUDGE

RSP List No.: 1 Sl No.: 10 CT:PK