Karnataka High Court
Gopi. J vs Venkatesh K on 19 January, 2021
Author: Dr.H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION No.2190 OF 2019
BETWEEN:
Gopi J.
S/o T.Jayaram
Aged about 57 years
S.Q.S. Colour Lab
K.J. Complex, B.M. Road,
Robertson Pet,
K.G.F. - 563 122.
...PETITIONER
(By Sri. S. Jagan Babu, Advocate)
AND:
Venkatesh K.
S/o M. Kannan
Aged about 51 years
R/at S.F-5, "Balaji Nest",
2nd Floor, 2nd Main,
Basappa Layout Hennur Cross,
HBR Layout, Kalyan Nagar Post,
Bengaluru - 560 036.
...RESPONDENT
(By Sri Bharath Kumar V., Advocate)
This Criminal Petition is filed under Section 407 of Cr.P.C,
praying to call for records in C.C. 34/2019 (arising out of PCR
CRL.P. NO.2190/2019
2
No.134/2018) pending on the file of Senior Civil Judge and Prl.
JMFC, KGF and C.C. No.59240/2018 (arising out of PCR
No.57582/2018) pending on the file of XIV Addl. Chief Metropolitan
Magistrate, Mayohall, Bengaluru and allot both cases to any one
Court as the Court deems fit; further club both cases for recording
of common evidence and dispose the same simultaneously, in the
interest of justice and equity.
This Criminal Petition coming on for admission through Video
Conferencing / Physical Hearing this day, the Court made the
following:-
ORDER
The present petitioner has filed this petition under Section
407 of Criminal Procedure Code (for short, "Cr.P.C.") seeking calling
for records, in C.C. No.34/2019 from the Court of Senior Civil Judge
and Principal JMFC, K.G.F. and in C.C. No.59240/2018 from the
Court of XIV Addl. Chief Metropolitan Magistrate, Mayo Hall,
Bengaluru and to makeover both the cases to any one Court for
their further proceeding.
2. Though this matter is listed for admission, however,
with the consent from both side, the matter is taken up for its final
disposal.
CRL.P. NO.2190/2019
3. Heard the submissions of both learned counsel for the
petitioner as well as learned counsel for the respondent who are
physically present in the Court.
4. While the arguments of the learned counsel for the
petitioner is that he has filed a private complaint under Section 200
Cr.P.C. which was initially registered under PCR No.134/2018
against the respondent therein (who incidentally is the complainant
in C.C. No.59240/2018) alleging the offences punishable under
Sections 447, 451, 468, 379, 380, 415 and 420 of I.P.C, which is
pending on the file of learned Senior Civil Judge and Principal JMFC,
K.G.F. in C.C. No.34/2019, the respondent in the present petition
has also filed a private complaint under PCR No.57582/2018 under
Section 200 Cr.P.C. against the present petitioner for the offence
punishable under Section 138 of the N.I. Act which is pending on
the file of learned XIV Addl. Chief Metropolitan Magistrate, Mayo
Hall, Bengaluru, in C.C. No.59240/2018.
5. It is the contention of the petitioner that since both the
criminal cases pertain to a single negotiable instrument which is the
subject matter of both the criminal cases, the matter be tried by a
CRL.P. NO.2190/2019
Single Court to avoid any divergent views or contradictory
Judgments in the matter. Learned counsel for the petitioner further
submits that the present respondent is a resident of K.G.F. but has
given a false address as though he is a resident of Bengaluru. As
such, C.C. No.59240/2018 be made over to the Court at K.G.F.
6. Learned counsel for the respondent though does not
oppose making over both the cases to a single Court for its trial,
however, denies that the complainant in C.C. No.59240/2018 is a
resident of K.G.F. He submits that he is a resident of Bengaluru and
cause of action has arisen at Bengaluru and he also submits that in
the present petition also, the address of the complainant in said
C.C. No.59240/2018 is shown as a resident of Bengaluru. As such,
he submits that he has no objection to makeover said
C.C.No.34/2019 to the Court at Bengaluru where C.C.
No.59240/2018 is pending.
7. A perusal of the materials placed before this Court and
the submission made by learned counsel would go to show that
with respect to a particular cheque amounting to a sum of
`35,00,000/-, the complainant in C.C. No.59240/2018 has filed a
CRL.P. NO.2190/2019
criminal case against the present petitioner alleging the offence
punishable under Section 138 of the N.I. Act.
According to the learned counsel for the respondent herein,
as a counterblast the present petitioner instituted a private
complaint in the K.G.F. Court only subsequent to the service of
legal notice of dishonour of cheque upon him which was dated
24.09.2018.
According to the complainant in C.C. No.34/2019, the alleged
cheque which is the subject matter in C.C. No.59240/2018 was lost
from his end or it was stolen, as such, he has instituted a private
complaint which is now pending in C.C. No.34/2019 in the Court of
Senior Civil Judge and Principal JMFC at K.G.F.
8. In the light of the above, since the very same alleged
cheque is the subject matter of both the criminal cases and the
defence taken in one case has some bearing upon the other case, I
am of the view that both the cases be dealt by the same Court in
accordance with law.
9. Considering the fact that the criminal case for the
offence punishable under Section 138 of the N.I. Act is pending in
CRL.P. NO.2190/2019
the Court of learned XIV Addl. Chief Metropolitan Magistrate, Mayo
Hall, Bengaluru and the prayer of the petitioner in the present
petition is to makeover both the cases to any one Court, this Court
is of the view that C.C. No.34/2019 be withdrawn from the Court of
learned Senior Civil Judge and Principal JMFC at K.G.F. and be
made over to the Court of learned XIV Addl. Chief Metropolitan
Magistrate, Mayo Hall, Bengaluru. Accordingly, I proceed to pass
the following:
ORDER
The petition is allowed in part.
C.C. No.34/2019 stated to be pending on the file of learned
Senior Civil Judge and Principal JMFC at K.G.F. for the offences
punishable under Sections 447, 451, 468, 379, 380, 415 and 420 of
I.P.C. is withdrawn from the file of the said Court and transferred to
the Court of learned XIV Addl. Chief Metropolitan Magistrate, Mayo
Hall, Bengaluru where C.C. No.59240/2018 is said to be pending.
The transferor Court to transmit the entire records pertaining
to C.C. No.34/2019 to the transferee Court within three weeks from
today.
CRL.P. NO.2190/2019
Registry to transmit the copies of this Order to both the
concerned Courts at K.G.F. and Bengaluru, forthwith.
Both parties in the matter shall appear before the Court of
learned XIV Addl. Chief Metropolitan Magistrate, Mayo Hall,
Bengaluru on 12.03.2021 at 11.00 a.m. without anticipating any
fresh notice or summons from the said Court.
Sd/-
JUDGE
sac*
