Karnataka High Court
Shri.Vasant Balasaheb Uttekar vs Shri.Annasaheb Dhondiram ... on 1 February, 2022
Bench: M.Nagaprasannapresided Bymnpj
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 1st DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO.102207/2019
BETWEEN
1. SHRI VASANT BALASAHEB UTTEKAR,
AGE: 49 YEARS, OCC- BUSINESS,
R/O: ROOM NO.21, SUNDAR JIVAN,
CO-OPERATIVE HOUSING SOCIETY,
SECTOR NO.6, NEW PANVEL,
TQ: PANVEL,DIST: RAIGAD,
MUMBAI-410206.
2. SHRI MANSI MAYURESH JOSHI,
AGE 46 YEARS, OCC: HOUSEWIFE,
R/O: DATTA KRIPA, CO-OPERATIVE SOCIETY,
OPP. BANK OF INDIA,
OLD PANVEL, TQ: PANVEL,
DIST: RAIGAD, MUMBAI-410206.
...PETITIONERS
(BY SRI SHREEVATSA HEGDE, ADVOCATE)
AND :
SHRI ANNASAHEB DHONDIRAM GONUGADE
AGE: 71 YEARS, OCC: RETIRED,
R/O: B-14, AMIT APARTMENTS,
SHIVAJI ROAD, TQ: PANVEL,
DIST: RAIAD, MUMBAI-410206.
..RESPONDENT
(BY SRI SANTOSH B.RAWOOT, ADVOCATE)
2
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO QUASHING THE ORDER DATED 05.02.2019 AND
PROSECUTION PURSUANT TO THE SAME FOR ALLEGED
OFFENCE PUNISHABLE UNDER 138 OF N.I.ACT, 1881 AGAINST
THE PETITIONERS INITIATED IN C.C.NO.88/2019, PENDING ON
THE FILE OF THE JMFC VIII-COURT, BELAGAVI.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners call in question the proceedings in
Criminal Case No.88/2019 registered for the offence
punishable under Section 138 of the Negotiable
Instruments Act, 1881 ('Act' for short).
2. Heard Sri Shreevatsa Hegde, the learned
counsel appearing for the petitioners and Sri Santosh
B.Ravoot, learned counsel appearing for the respondent.
3. Respondent registers a complaint against the
petitioners; accused Nos.1 and 2 for the offence punishable
under Section 138 of the N.I.Act. Petitioners are office
bearers of a Co-operative Housing Society from whose
account the cheque is issued. The cheque is dishonored for
want of sufficient funds and proceedings are initiated by
the complainant without making the firm or the Society as
party to the proceedings. It is not in dispute that the issue
in the lis stands covered by the Judgments rendered by the
Hon'ble Apex Court in the case of Himanshu vs.
B.Shivamurthy and Another, reported in (2019) 3 SCC
797, which follows the Judgment rendered by the Apex
Court in the case of Aneeta Hada vs. Godfather Travels
and Tours Private Limited, reported in (2012) 5 SCC 661.
Therefore, in the light of the position of law being thus and
the facts afore narrated not being in dispute, I deem it
appropriate to pass the following :
ORDER
(i) The criminal petition stands allowed.
(ii) The order dated 05.02.2019 passed in
Criminal Case No.88/2019 by the VIII
JMFC, Belagavi stands quashed.
(iii) It is open for the respondent to initiate such
proceedings in accordance with law.
SD
JUDGE
CKK
