Sri. Srinivasalu vs M/S. Emmvee Photovolatic Power ...
2021 Latest Caselaw 2718 Kant

                            1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 8TH DAY OF JULY, 2021

                        BEFORE

       THE HON'BLE MR. JUSTICE K.SOMASHEKAR

       WRIT PETITION No. 15754 OF 2020 (GM-RES)

Between:
Sri. Srinivasalu
S/o Late Gurrappa
Aged about 54 years
Managing Director
M/s Tirumala Glass Enterprises
No.18, Sathyanarayana Temple Street
Bangalore - 560 008.
                                             ... Petitioner
(By Sri. R. Swaroop Anand - Advocate)

And:

M/s. Emmvee Photovolatic Power Pvt Ltd.,
Having its office at No.13/1
International Airport Road
Bettahalsuru Post
Bangalore - 562157.
                                      ... Respondent

                        ******
      This Writ Petition is filed under Articles 226 & 227
of the Constitution of India r/w Sec. 482 of Cr.P.C.,
praying to set aside the impugned order passed by the
LX-Addl. City Civil & Sessions Judge in Crl.A.264/2018
dated 24.09.2018 vide Annexure-A; set aside the order
of conviction and sentence passed by XXVII-ACMM,
                                  2




Bangalore in C.C.No.25570/2015 dated 30.01.2018 vide
Annexure-B and consequently acquit the petitioner in
C.C.No.25570/2015 .

      This Writ Petition coming on for Orders through
video conferencing this day, the court made the
following:

                                 ORDER

The petitioner is arraigned as Accused in

C.C.No.25570/2015 whereby he was convicted by the

trial Court for the offence under Section 138 of N.I.Act

vide judgment of conviction and order sentence dated

30.01.2018. The said judgment was challenged before

the first Appellate Court in Crl.A.No.264/2018 which

came to be dismissed vide order dated 24.09.2018.

Hence, the present petition is filed by the

petitioner/accused.

2. Sri Swaroop Anand, learned counsel for the

petitioner who is appearing through video conferencing

submitting for conversion of this writ petition which is

filed under Articles 226 and 227 of the Constitution of

India r/w Section 482 of Cr.P.C into criminal petition

under the relevant provisions of Code of Criminal

Procedure.

3. The petitioner being a convicted accused for the

offence under Section 138 of the N.I.Act has preferred

this writ petition under Articles 226 and 228 of the

Constitution of India r/w 482 of Cr.P.C. which is

uncalled for and it is nothing but circumvent of further

proceedings. In this matter office has raised objections

regarding maintainability of the writ petition and the

same has to be cured by the counsel for the petitioner.

But the counsel seeks for conversion of the writ petition

to criminal petition under the relevant provisions of

Code of Criminal Procedure. But this submission made

by the counsel for the petitioner is deprecated. Despite

of availability of relevant provisions under the Code of

Criminal Procedure, intentionally the writ petition has

been filed under Articles 226 and 227 of the

Constitution of India r/w Section 482 of Cr.P.C.

Accordingly, the observation has been made.

However, the rights of the petitioner/accused who

is convicted under Section 138 of N.I.Act requires to be

protected. Only to that extent the counsel for the

petitioner is permitted to file a memo to that effect in

detail to proceed in further.

Accordingly, this writ petition is dismissed as the

same is not maintainable. The objections raised by the

Office is sustained.

Sd/-

JUDGE

DKB