Criminal Appeal No. 711 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:1079 CRL.A No. 711 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 711 OF 2018 …APPELLANT BETWEEN: NIREN R MEHTA (HUF) AGED ABOUT 47 YEARS S/O R K MEHTA RESIDING AT No.258, 44TH CROSS, 9TH MAIN 5TH BLOCK, JAYANAGAR BENGALURU – 560 041. (BY SMT. NIREEKSHA D J, ADVOCATE FOR SRI S S SRINIVAS RAO, ADVOCATE) AND: 1. M/S VIJAY STEEL TUBES AND FITTINGS PRIVATE LTD., No.14, 1ST FLOOR 4TH CROSS (NALA CROSS) LALABAGH ROAD BENGALURU – 560 027. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE.
Legal Reasoning
2. SRI PANKAJ D SANGHVI C/O M/S VIJAY STEEL TUBES AND FITTINGS PRIVATE LTD No.14, 1ST FLOOR 4TH CROSS, (NALA CROSS) LALABAGH ROAD BENGALURU – 560 027. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1079 CRL.A No. 711 of 2018 REPRESENTED BY ITS AUTHRORIZED REPRESENTATIVE. AND ALSO RESIDING AT: SRI PANKAJ D SANGHVI V -302, MANTRI PARADISE NEXT TO I.I.M., BANNERGHATTA ROAD BENGALURU – 560 076. 3. SRI HIMHANSHU D SANGHVI M/S VIJAY STEEL TUBES & FITTINGS PRIVATE LITD., No.14, 1ST FLOOR 4TH CROSS, (NALA CROSS) LALBAGH ROAD BENGALURU – 560 027. ALSO AT: No.1403 & 1404, 14TH FLOOR ’B’ WING, MANTRI TRANQUIL APARTMENT KANAKAPURA ROAD GUBALA VILLAGE UTTARAHALLI, BENGALURU. 4. SRI SURYAKANT N DOSHI M/S VIJAY STEEL TUBES & FITTINGS PRIVATE LITD., No.14, 1ST FLOOR 4TH CROSS, (NALA CROSS) LALBAGH ROAD BENGALURU – 560 027. ALSO AT: No.535, 9TH MAIN 2ND STAGE, SIDDHARTH LAYOUT MYSORE - 570 011. 5. SRI VEERENDRA N DOSHI M/S VIJAY STEEL TUBES & FITTINGS PRIVATE LITD No.14 1ST FLOOR 4TH CROSS, (NALA CROSS) - 3 - NC: 2025:KHC:1079 CRL.A No. 711 of 2018 LALBAGH ROAD BENGALURU – 560 027. …RESPONDENTS (BY SRI KISHAN G M, ADVOCATE FOR SRI M VINOD KUMAR, ADVOCATE FOR R2 TO R5 R1 IS SERVED AND UNREPRESENTED) THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.01.2015 PASSED BY THE XVI ADDL.C.M.M., BENGALURU IN C.C.No.7214/2012 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC., THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the complainant praying to set aside the order dated 13.01.2015 passed in C.C. No. 7214/2012 for offence under Section 138 of Negotiable Instruments Act (for short hereinafter referred to as `N.I. Act’). 2. The appellant – complainant has initiated proceedings against respondents – accused Nos. 1 to 5 in C.C. No. 7214/2012 for offence under Section 138 of N.I. Act and it was pending on the file of XVI Additional Chief - 4 - NC: 2025:KHC:1079 CRL.A No. 711 of 2018 Metropolitan Magistrate, Bengaluru. In the said case the complainant came to be examined as P.W.1 on 25.11.2014 and case has been adjourned to 16.12.2014 for cross-examination. On 16.12.2014 complainant was absent and accused was also absent and the case came to be adjourned to 13.01.2015. On 13.01.2015 complainant – P.W.1 was absent. Noting the absence of complainant, learned Magistrate has passed the impugned order dismissing the complaint for non-prosecution and for default. 3. Learned counsel for appellant – complainant would contend that there was another case pending between the appellant - complainant and respondent – accused in C.C. No. 3709/2012 and it was also posted on the same day, i.e., on 13.01.2015. The appellant – complainant has attended the Court in C.C. No. 3709/2012 on 13.01.2015 and therefore, he could not appear in C.C. No. 7214/2012. Learned counsel further submits that the absence of the complainant who is the appellant herein on 13.01.2015 is for bonafide reason. On these grounds - 5 - NC: 2025:KHC:1079 CRL.A No. 711 of 2018 learned counsel for appellant – complainant prays to allow the appeal and to restore the said criminal case. 4. Learned counsel for respondent would contend that the complainant was not diligently prosecuting his criminal case and considering the same, learned Magistrate has rightly dismissed his complaint for non- prosecution and for default. With this he prayed for dismissal of the appeal. 5. Having heard the learned counsel for the parties, this Court has perused the impugned order and other material placed on record. 6. C.C. No. 7214/2012 has been initiated by the appellant – complainant against the respondent – accused for offence under Section 138 of the N.I. Act and in the said case appellant - complainant has been examined as P.W.1 on 25.11.2014. Said case came to be adjourned to 16.12.2014 for cross-examination. On 16.12.2014 both complainant and accused were absent and case came to be adjourned to 13.01.2015. On 13.01.2015 complainant - P.W.1 as well as accused were absent. Noting the same, - 6 - NC: 2025:KHC:1079 CRL.A No. 711 of 2018 learned Magistrate has dismissed the complaint for non- prosecution. Copy of the judgment rendered in C.C. No. 3709/2012 dated 05.12.2016 has been produced with a memo and it shows that another matter was pending between the same parties on the file of XIX Additional Chief Metropolitan Magistrate, Bengaluru. Said aspect has also not been disputed by the learned counsel respondents. In the appeal memo it is stated that on 13.01.2015 the appellant – complainant attended the proceedings in C.C. No. 3709/2012 on the file of XIX Additional Chief Metropolitan Magistrate and therefore he could not attend the proceedings in C.C. No. 7214/2012 which was posted on the same day. The absence of appellant – complainant in C.C. No. 7214/2012 on 13.01.2015 is for bonafide reason as he was held up in another case pending in another Court in C.C. No. 3709/2012. Said aspect of pendency of the said criminal case and posting of the said case on 13.01.2015 is not disputed by the respondents. Therefore, the impugned - 7 - NC: 2025:KHC:1079 CRL.A No. 711 of 2018 order dated 13.01.2015 passed in C.C. No. 7214/2015 requires to be set aside. 7.
Decision
In the result, the following; O R D E R i. The appeal is allowed. ii. The impugned order dated 13.01.2015 passed in C.C. No. 7214/2012 by the XVI Additional Chief Metropolitan Magistrate, Bengaluru, is set aside and the said criminal case is restored to file. iii. Both the parties in C.C. No. 7214/2012 are directed to appear before the Court on 17.02.2025 without awaiting any notice. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 14