Sri Manjunath Vs H S Dhananjaya

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NC: 2025:KHC:5311 WP No. 3198 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3198 OF 2025 (GM-RES)

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BETWEEN:

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SRI MANJUNATH, S/O H.C. PUTTASWAMY, AGED ABOUT 42 YEARS, BUSINESSMAN AND AGRICULTURIST, R/O HIREMAGALURU, JYOTHINAGARA POST, CHIKKAMAGALURU – 577 102.

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…PETITIONER

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(BY SRI. H.R. SANTHOSH, ADVOCATE)

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AND:

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Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

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H.S. DHANANJAYA, S/O SHIVALINGAPPA G., AGED ABOUT 44 YEARS, R/AT SECOND CROSS, NEAR GOVERNMENT HOSPITAL, HIREMAGALURU, CHIKKAMAGALURU – 577 102.

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(NOTICE TO RESPONDENT is DISPENSED WITH VIDE ORDER DATED 05.02.2025)

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 R/W 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS PRAYING TO QUASH / RECALL THE CONVICTION WARRANT ISSUED IN C.C.NO.1211/2020 PENDING BEFORE THE 1^ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU AT ANNEXURE-F AND ETC.

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

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NC: 2025:KHC:5311 WP No. 3198 of 2025

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

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ORAL ORDER

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In this petition, petitioner seeks the following reliefs:

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“(i) Issue a writ of an appropriate nature to quash / recall the Conviction warrant issued in C.C.No.1211/2020 pending before the 1^st Additional Senior Civil Judge & JMFC, Chikkamagaluru at Annexure –F .

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(ii) Direct the Trial Court to accept the fine amount of Rs.10,000/- forthwith in accordance with law.

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(iii) Pass such other orders as this Hon’ble Court may deem fit and proper in the interest of justice and equity.”

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Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondent is dispensed with.

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A perusal of the material on record will indicate that respondent instituted proceedings against the petitioner in C.C.No.1211/2020, which ended in conviction and sentence dated 07.01.2022 directing petitioner – accused to pay fine of Rs.3,10,000/- and in default to pay the fine amount, shall undergo simple imprisonment for a period of six months. Aggrieved by the same, the petitioner – accused filed an appeal in Crl.A.No.28/2022 which was partly allowed reducing fine amount from Rs.3,10,000/-

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3 - NC: 2025:KHC:5311 WP No. 3198 of 2025

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to Rs.2,10,000/- by directing petitioner to pay Rs.2 lakhs to the complainant and Rs.10,000/to the State-Exchequer. Subsequently, to enforce and implement the said order of the Appellate Court, the respondent – complainant filed Crl.Misc.No.258/2023, which was dismissed as not pressed pursuant to the memo dated 22.01.2025 filed by the respondent – complainant, which reads as under:

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“That in the above case respondent has paid entire cheque amount to the petitioner. Hence above case may be dismissed as not pressed.

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It is the grievance of the petitioner that in view of the settlement arrived between himself and respondent, the petitioner requested the Trial Court to accept the fine amount of Rs.10,000/(in C.C.No.1211/2020) payable to the State-Exchequer and close the matter, despite which the Trial Court has issued conviction warrant as against the petitioner, who is before this Court by way of the present petition.

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A perusal of the material on record will clearly indicate that the dispute between the petitioner and the respondent has been amicably settled as can be seen from the aforesaid memo

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filed by the respondent – complainant in Crl.Misc.No.258/2023. Under these circumstances, I am of the considered view that the Trial Court misdirected itself in issuing conviction warrant as against the petitioner by refusing to accept the fine amount and as such, the same deserves to be set aside by issuing certain directions.

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In the result, I pass the following:

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ORDER

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(i) The petition is hereby allowed .

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(ii) The conviction warrant dated 08.10.2024 passed

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by the I Addl. Senior Civil Judge & JMFC, Chikkamagaluru, is hereby set aside.

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(iii) The Trial Court before whom C.C.No.1211/2020

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is pending is directed to accept / receive the fine amount of Rs.10,000/- from the petitioner immediately upon receipt of a copy of this order and close the proceedings.

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Sd/-

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(S.R.KRISHNA KUMAR) JUDGE

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SV

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List No.: 1 Sl No.: 96

Sri Manjunath v. H S Dhananjaya

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Sri Manjunath v. H S Dhananjaya

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