Karnataka High Court
Manager, Hdfc Bank Limited vs Anant Krishna Kulkarni on 28 February, 2022
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28th DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION No.100626/2017
BETWEEN
MANAGER, HDFC BANK LIMITED,
TRADE FINANCE, POST BOX NO. 5106,
SHANKARNARAYAN BUILDING,
25/1, M. G. ROAD,
BANGALORE-560 001
REP. BY ITS AUTHORIZED,
SIGNATORY MR. BADARIPRASAD KULKARNI,
S/O RAGAHVENDRA, AGE: 44 YEARS.
...PETITIONER
(BY SRI.S.B.MUTTALLI, M.S.NIMBANNAVAR RAJU M AND SBM
ASSOCIATES, ADVOCATE)
AND
1. ANANT KRISHNA KULKARNI
AGE: 63 YEARS,
DEPUTY COMMISSIONER OF EXCISE,
DHARWAD REP. BY SPP.
2
2. SRI. K. VIJAYBHASKAR REDDY,
AGE: MAJOR,
EXCISE CONTRACTOR,
R/O 1/84, VIMULA GRAM,
MIDIJIL MANDAL, DIST:MEHABOOB NAGR,
ANDRA PRADESH STATE.
3. AUTHORISED SIGNATORY/MANAGER,
SAI CO-OPERATIVE URBAN BANK LTD.,
6/2/984, 1ST FLOOR, PAVANI PLAZA,
KHAIRATABAD, HYDERABAD-4
ANDRA PRADESH STATE.
... RESPONDENTS
(BY SRI.RAMESH CHIGAR, HCGP FOR R1;
SRI. ARUN L NEELOPANT, ADVOCATE FOR R2).
THIS PETITION IS FILED UNDER SECTION 482 OF THE
CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO CALL FOR
THE RECORDS OF THE C.C.No.685/2009 PENDING ON THE FILE
OF THE HON'BLE III ADDITIONAL CIVIL JUDGE (JR. DN.) AND
JMFC, DHARWAD, AND PASS ANY OTHER APPROPRIATE ORDER
OR JUDGMENT IN THE MATTER WHICH DEEMS FIT TO THIS
HON'BLE COURT ON THE FACTS AND CIRCUMSTANCES OF THE
CASE ON HAND IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THECOURTMADE THE FOLLOWING:
3
ORDER
Respondent No.1 has filed a private complaint for the
offence punishable under Section 138 of N.I.Act alleging that
respondent No.1 being the registered contractor had participated
in the tender-cum-negotiation and he was the highest bidder and
as such he issued cheque dated 24/5/2002 for a sum of
Rs.12,50,000/- in favor of the complainant's department as per
the Karnataka Excise (lease of right of retail vendor of liquors)
Rules, 1969. When the cheque was presented for collection, the
same was returned with an endorsement "Funds expected,
present again". The cheque was again presented on 8/8/2002
and the same was returned with an endorsement "payment
stopped by the drawer" and thereafter, the respondent No.1
issued notice and also called upon the respondent No.2 to make
payment however it is alleged that the respondent No.2 did not
come forward to make payment within the time stipulated.
Hence, the respondent No.1 filed a private complaint.
2. The learned Magistrate by order dated 1/8/2008 took
cognizance for the offences punishable under Sections 138
of N.I.Act and Section 420 of IPC and further issued notice
to the accused. Taking exception to the same, the present
petition is filed.
3. Heard the learned counsel for parties and perused
the material on record.
4. The co-ordinate bench of this Court in
Crl.P.No.10874/2013 disposed of on 24/4/2017, arising
out of the very same impugned proceedings quashed the
order of taking cognizance on the ground that the same is
taken without making any reference to the materials and
without passing specific order against the accused. Hence,
this petition also requires to be disposed of in the light of
the order passed by this Court in Crl.P.No.10874/2013.
Accordingly, I pass the following
ORDER
i) The criminal petition is allowed.
ii) The proceedings against the petitioner-accused No.3
in CC.No.685/2009 pending before the III Addl. Civil Judge
(Jr.Dn) and JMFC, Dharwad is quashed.
Sd/-
JUDGE
Vb/-
