Sri. B. M. Rangaswamy vs Sri. M. Shamanna
2022 Latest Caselaw 697 Kant

                                      CRL.A.No.953/2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 14TH DAY OF JANUARY 2022

                       BEFORE

       THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

         CRIMINAL APPEAL NO.953/2019
BETWEEN:
SRI.B.M.RANGASWAMY
AGED ABOUT 54 YEARS
S/O LATE MAGADAPPA
R/AT NO.4
WHITE ROSE MARVEL APARTMENTS
SURABI LAYOUT, YELAHANKA
BENGALURU - 560 064                        ... APPELLANT
(BY SRI PRABHUGOUD B. TUMBIGI, ADVOCATE)
AND:
SRI M.SHAMANNA
AGED ABOUT 52 YEARS
S/O LATE MUNIYAPPA
R/O BANDI KODIGEHALLI VILLAGE
JALA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 562 149                    ... RESPONDENT

(BY SRI SESHAGIRI RAO T., ADVOCATE)
     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378
(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF
ACQUITTAL DATED 31.03.2017 PASSED BY THE XVIII
ADDITIONAL C.M.M., BENGALURU IN C.C.NO.15883/2013 -
ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT.
     THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED
THE FOLLOWING:
                                                   CRL.A.No.953/2019

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                            JUDGMENT

Heard.

2. This is a complainant's appeal against the

order of acquittal of the respondent for the offence

punishable under Section 138 of the N.I. Act.

3. The appellant claims that the respondent

towards discharge of his liability of Rs.12 lakhs, issued the

cheque Ex.P.1 bearing No.843918 dated 16.01.2013 for a

sum of Rs.12 lakhs and that was dishonored for want of

funds. Thereby, the respondent had cheated him.

4. The respondent claims that he had borrowed

only Rs.2,00,000/- and towards discharge of that debt, he

deposited Rs.6,05,000/- to the bank account of the

appellant and the cheque was misused.

5. To substantiate his defence, the respondent

produced the cheque book relating to cheque Ex.P.1. The

impugned judgment shows that the cheque book out of

which Ex.P.1 was issued contained cheque leaves

Nos.843911 to 843920 and that was issued in March, CRL.A.No.953/2019

2010. Therefore, the trial Court disbelieved the issuance

of the cheque on 16.01.2013 for the liability of the year

2012.

6. Regarding deposit of Rs.6,05,000/- to his bank

account, the appellant in his cross-examination did not

come up with a clear denial, he pleaded only ignorance.

Apart from that, there is delay of 698 days in filing the

appeal. To explain the said inordinate delay, the appellant

only stated that he was suffering from jaundice and

diabetes upto 30.04.2017 and thereafter his advocate was

not traceable. He says he met his counsel only on

25.03.2019 by chance, therefore, there was delay in filing

the appeal.

7. All such contentions are denied by the

respondent and it is contended that the appellant has filed

this appeal to harass him and as a chance litigation.

8. No doubt, sufficient cause/reasons under

Section 5 of Limitation Act has to be liberally construed.

However, there should be some cogent explanation.

CRL.A.No.953/2019

9. The explanation in para 5 of the affidavit is as

bald as possible. No material is placed to substantiate such

contentions. The above facts and circumstances show

there is no ground to condone the delay or grant special

leave. Even if the delay is condoned, there is no chance of

the appellant succeeding in the appeal. Therefore,

I.A.Nos.1 and 2/2019 and consequently the appeal are

dismissed.

Learned counsel for the appellant at this stage

submits that lenient view may be taken with regard to

show cause notice issued against the appellant by the trial

Court under Section 250 of Cr.P.C. for trying him for false

prosecution.

Liberty is reserved to the appellant to seek

indulgence of the trial Court in the proceedings under

Section 250 of Cr.P.C.

Sd/-

JUDGE pgg