Karnataka High Court
Sri J N Madhusudhan vs Sri R L Narayanaswamy on 17 December, 2021
Bench: Sreenivas Harish Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.9179 OF 2021
BETWEEN
Sri J.N.Madhusudhan,
S/o Narasimhamurthy,
Aged about 37 years,
Residing at No.17, Srinidhi Layout,
Konanakunte, Kanakapura Main Road,
Bengaluru-560062.
...Petitioner
(By Sri Vijay Shetty B., Advocate)
AND
1. Sri R.L.Narayanaswamy,
S/o Late Chikkamuniswamy,
Since dead by his LRs.,
1(a) Devamma,
W/o Late Sri R.L.Narayanaswamay,
Aged about 65 years,
Residing at J.J.Colony,
Railway Station Road,
Ward No.21, Chintamani Town,
Chickaballapur District-563125.
1(b) Manjuala,
D/o Late Sri R.L.Narayanaswamy
W/o Shankara
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Aged about 45 years,
Residing at J.J.Colony,
Railway Station Road,
Ward No.21, Chintamani Town,
Chickaballapur District-563125.
1(c) Rajesh,
S/o Late Sri R.L.Narayanaswamy,
Aged about 40 years,
Residing at J.J.Colony,
Railway Station Road,
Ward No.21, Chintamani Town,
Chickaballapur District-563125.
1(d) Narasimha,
S/o Late Sri R.L.Narayanaswamy &
Yerramma (Second Wife),
Aged about 40 years,
Residing at J.J.Colony,
Railway Station Road,
Ward No.21, Chintamani Town,
Chickaballapur District-563125.
1(e) Rajamma,
D/o Late Sri R.L.Narayanaswamy &
Yerramma (Second Wife),
W/o Ramesh
Aged about 35 years,
Residing at J.J.Colony,
Railway Station Road,
Ward No.21, Chintamani Town,
Chickaballapur District-563125.
...Respondents
This Criminal Petition is filed under Section 482
Cr.P.C., praying to quash the order passed by the Principal
Civil Judge and JMFC, Chintamani in C.C.No.200/2019
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dated 16.11.2021 in not allowing the accused herein to
defend his case by virtue of cross-examination of PW1 and
by way of leading his defence evidence by ordering that as
per the order of the Hon'ble High Court of Karnataka in
Crl.P.No.462/2020 the accused have no right to continued
the defend the proceedings. Hence, the cross of PW1 taken
as nil.
This Criminal Petition coming on for admission , this
day, the Court made the following:
ORDER
Heard the learned counsel for the petitioner.
The petitioner has sought to quash the order of the
Prl. Civil Judge and JMFC, Chintamani in
C.C.No.200/2019 in not allowing him to cross-
examining PW.1.
2. Under Section 143A Cr.P.C., the petitioner,
who is accused in a proceeding under section 138 of
N.I.Act was directed to pay 20% of the cheque
amount to the complainant by way of compensation.
Since he failed to make the payment, it appears that
proceeding under section 421 Cr.P.C. has been
initiated and at the same time, the petitioner was
denied the right of cross-examining PW-1 for not
obeying the directions of the trial court. His defence
was struck off. Now it is submitted that the matter
has been posted for pronouncement of judgment.
3. If the accused fails to make payment of the
compensation amount in accordance with section
143A of N.I.Act, action under section 421 of N.I.Act
can be initiated, but at the same time the court has
got every right to strike off the defence. In this view,
if the petitioner is denied of the opportunity of cross-
examining PW.1, there is no infirmity in the said
order. Now the case is posted for judgment. At this
stage there cannot be interference under section 482
Cr.P.C. for recalling the order dated 16.11.2021 in
order to give an opportunity to cross examine PW.1.
In case, he is convicted and if he prefers an appeal,
he can take up all these grounds in the appeal.
Petition is dismissed.
In view of disposal of the petition, I.A.1/2021 is
also disposed of.
SD/-
JUDGE
sd
