Allowed¶22

Prakash S/O Babu Kammar v. Shri Beereshwar Co. Operative Society Ltd. Haliyal

Karnataka HC10 Feb 2025WP/100505/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench; WP No.100505 of 2025 (GM-RES); writ of certiorari; Articles 226 and 227 Constitution of India; Section 528 BNSS; CC No.102 of 2018; Senior Civil Judge and JMFC Haliyal; simple imprisonment of three months; non-deposit of cheque amount; entire amount deposited; impugned order dated 24.12.2024 quashed; Justice Hemant Chandangoudar; petitioner Prakash s/o Babu Kammar; respondent Shri Beershwar Co-operative Society Ltd., Haliyal; advocates Sunilkumar Bangari and Sharad V. Magadum; decision dated 10.02.2025.

What did the court decide?

Quashing of the impugned order dated 24.12.2024 passed in CC No.102/2018 by the Senior Civil Judge and JMFC, Haliyal. ¶22

Prakash S/O Babu Kammar Vs Shri Beereshwar Co… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC-D:2572 WP No. 100505 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10^TH DAY OF FEBRUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.100505 OF 2025 (GM-RES)

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BETWEEN:

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PRAKASH S/O. BABU KAMMAR AGED. 55 YEARS, OCC. AGRICULTURE, R/O. CHIBBALAGERI, TALUK. HALIYAL, DISTRICT. UTTAR KANNADA-581329.

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…PETITIONER (BY SRI. SUNILKUMAR BANGARI, ADVOCATE)

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AND:

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SHRI. BEERESHWAR CO-OPERATIVE SOCIETY LTD. HALIYAL, DIST. UTTARA KANNADA, R/BY SRI. SHIVAYOGI S/O. SHANTARAJ VALISHETTY, A/A 43 YEARS, R/O. HALIYAL, DISTRICT. UTTARA KANNADA-581329.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:55 +0530

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…RESPONDENT

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(BY SRI. SHARAD V.MAGADUM, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ACRTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS, PRAYING TO, ISSUE WRIT OF CERTIORARI TO QUASH/ SET ASIDE IMPUGNED ORDER DATED. 24-12-2024 PASSED BY PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, HALIYALA IN CC NO.102 OF 2018 VIDE ANNEXURE-D.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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NC: 2025:KHC-D:2572 WP No. 100505 of 2025

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ORAL ORDER

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Sri. Sharad V Magadum, learned counsel files power on behalf of the respondent.

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The petitioner challenges the order passed by the trial Court, wherein the petitioner/accused has been ordered to undergo simple imprisonment for a period of three months, for not depositing the cheque amount.

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Learned counsel for respondent submitted that the entire amount has been deposited by the petitioner.

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Submission is placed on record. In view of the same, the impugned order is not legally sustainable.

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Accordingly, the petition is allowed. The impugned order dated 24.12.2024 passed in CC No.102/2018 on the file of learned Senior Civil Judge and JMFC, Haliyal, is hereby quashed.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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JTR Ct:vh List No.: 1 Sl No.: 76

Prakash S/O Babu Kammar v. Shri Beereshwar Co. Operative Society Ltd. Haliyal

Case brief

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Prakash S/O Babu Kammar v. Shri Beereshwar Co. Operative Society Ltd. Haliyal

Case brief

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