JAGDISH S v. SOUNDARYA SOUHRADHA CERDIT
Case at a glance
- Bench
- S R KRISHNA KUMAR
- Neutral citation
- 2025:KHC:4984
Outcome
Disposed of
contentions, petition stands disposed of reserving liberty
Provisions considered
Key paragraphs
- Para 33. Under these circumstances, without expressing any opinion on the merits/demerits of contentions, petition stands disposed of reserving liberty in favour of both the parties to urge all the contentions before the trial Court which has to decide all issues including maintainability, legally enforceable debt…
Judgment
JAGDISH S S/O LATE SUBRAMANYAM AGED ABOUT 56 YEARS RESIDING AT NO.5/2 SRI LAKAM NILAYA OPPOSITE SUBRAM ENCLAVE SHETIHALLI, BENGALURU-560 015 (BY SRI. UMAPATHI S, ADVOCATE) AND: SOUNDARYA SOUHRADHA CERDIT CO-OPERATIVE LTD SOUNDARYA ARCADE OPP. AMMAJI KALYANA MANTAPA HESARGHATTA MAIN ROAD HAVANOOR EXTENSION NAGASANDRA POST BENGALURU 560 073 REPRESENTED BY ITS CEO AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENT (BY SRI. KIRAN KUMAR D.K, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE OF 226 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE RESPONDENT SOCIETY IN CC NO.28427/2023 PENDING BEFORE THE 26TH ACMM, BENGALURU, UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881. - 2 - NC: 2025:KHC:4984 WP No. 22771 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks for following reliefs: a) Quash the entire proceedings initiated by the respondent society in C.C.No.28427/2023 pending before the 26th ACMM, Bengaluru, under section 138 of the Negotiable Instruments Act, 1881; b) Award costs and compensation for the mental agony and financial hardship caused to the petitioner; c) Pass such other orders as this Hon'ble Court deems fit in the interest of justice and equity.
A perusal of the material on record will indicate that there are several contentious issues including mixed questions of law and fact as well as maintainability of the petition and with reference to legally enforceable debt and - 3 - NC: 2025:KHC:4984 WP No. 22771 of 2024 the provisions contended under Section 10, 39(2) and 42 of the Karnataka Souharda Sahakari Act, 1997 which necessarily has to be decided by the trial Court after giving an opportunity to both sides and to permit the petitioner to establish his defence before the trial Court.
Operative part
Under these circumstances, without expressing any opinion on the merits/demerits of contentions, petition stands disposed of reserving liberty in favour of both the parties to urge all the contentions before the trial Court which has to decide all issues including maintainability, legally enforceable debt under Sections 10, 39(2) and 42 of the Act etc., in accordance with law. All rival contentions are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS, List No.: 1 Sl No.: 43
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: contentions, petition stands disposed of reserving liberty
Which statutory provisions did this judgment involve?
Constitution of India; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Negotiable Instruments Act, 1881 — s. 138; Karnataka Souharda Sahakari Act, 1997 — ss. 10, 39(2), 42.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.