Allowed¶25

Hameedbasha S/O Imamsab v. Vinod S/O Rachappa Sangari

Karnataka HC16 Jan 2025WP/100250/2025

Case brief

AI extract

What is this about?

Section 138 Negotiable Instruments Act 1881; cheque dishonour trial; exemption from personal appearance; ill-health; permanent exemption; appearance through video conferencing; summary trial; non-bailable warrant re-issued; certiorari under Articles 226 and 227 Constitution of India and Section 482 CrPC; C.C. No.79/2024; Additional Civil Judge and JMFC Bagalkote; Itinerary Court Guledgudda; order dated 20.11.2024 set aside; undertaking to appear when summoned.

What did the court decide?

Writ petition allowed; order dated 20.11.2024 in C.C. No.79/2024 set aside; exemption from personal appearance granted, with liberty to appear through video conferencing as and when summoned and in person before the Trial Court only when required. ¶25

Hameedbasha S/O Imamsab Vs Vinod S/O Rachappa Sangari — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC-D:624 WP No. 100250 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 100250 OF 2025 (GM-RES)

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BETWEEN:

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HAMEEDBASHA, S/O. IMAMSAB, AGE. 50 YEARS, OCC. BUSINESS, R/O. H. NO. 11, NEAR ANNAMMA TEMPLE, MUKHA GRAMA, TQ AND DIST. BALLARI-581137. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:49:00 +0530

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VINOD, S/O. RACHAPPA SANGARI AGE. 30 YEARS, OCC. BUSINESS, R/O. BAGAVANPETH, GULEDGUDDA, TQ. GULEDGUDDDA, DIST. BAGALKOT-587203.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND SECTION 482 OF CRPC, PRAYING TO, A WRIT IN A NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 12.02.2024 BEFORE ADDL. CIVIL JUDGE AND JMFC, BAGALKOTE, SITTING AT ITINERARY COURT GULEDGUDDA IN C.C NO.79/2024 VIDE ANNEXURE-B; A WRIT IN A NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 20.11.2024 BY GRANTING PERMANENT EXEMPTION TO

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2 - NC: 2025:KHC-D:624 WP No. 100250 of 2025

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THE PETITIONER IN C.C NO.79/2024 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, BAGALKOTE, SITTING AT ITINERARY COURT GULEDGUDDA.

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

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CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner/accused, who is facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, is before this Court.

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The petitioner filed an application seeking exemption from appearing before the Court on the grounds of ill-health. However, the said application for exemption was rejected, and a non-bailable warrant was re-issued.

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Learned counsel for the petitioner submits that the trial for the offence punishable under Section 138 of the NI Act is a summary trial, and therefore, physical appearance is mandated only when required, and not on all occasions. Accordingly, the petitioner is entitled to exemption from appearing before the Trial Court. The petitioner undertakes to appear before the Trial Court via Video Conferencing whenever summoned.

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Taking note of the submission of the petitioner’s counsel and the undertaking of the petitioner, the writ petition is

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NC: 2025:KHC-D:624 WP No. 100250 of 2025

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allowed. The impugned order dated 20.11.2024, passed in C.C. No.79/2024 by the Additional Civil Judge and JMFC, Bagalkote, sitting at Guledgudda, is hereby set aside. The application for exemption is allowed. The petitioner is permitted to appear through Video Conferencing as and when summoned and shall appear before the Trial Court only when required.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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KMS Ct:vh List No.: 2 Sl No.: 2

Hameedbasha S/O Imamsab v. Vinod S/O Rachappa Sangari

Case brief

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Hameedbasha S/O Imamsab v. Vinod S/O Rachappa Sangari

Case brief

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