Karnataka High Court
Ashok Basappa Chougule vs The Commissioner For Textile ... on 14 June, 2022
Bench: V.Srishananda
-1-
CRL.P No. 100322 of 2016
C/W CRL.P No. 102051 of 2015
CRL.P No. 100145 of 2016
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.100322 OF 2016 (482)
C/W
CRIMINAL PETITION NO.102051 OF 2015
AND
CRIMINAL PETITION NO.100145 OF 2016
IN CRL.P.NO.100322/2016
BETWEEN:
ASHOK BASAPPA CHOUGULE,
AGE: 63 YEARS, OCC: RETD. ARCS
THE MANAGING DIRECTOR,
THE KARNATAKA CO-OPERATIVE
TEXTILE MILLS LTD-NIPANNI,
R/O: SHIV BASAV COLONY-AKOL ROAD,
NIPPANI, TQ: CHIKODI, BELAGAVI.
...PETITIONER
(BY SRI. NEELENDRA D.GUNDE, ADVOCATE)
AND:
THE COMMISSIONER FOR
TEXTILE DEVELOPMENT AND
DIRECTOR TO HANDLOOM AND
TEXTILE-14-3A, NRUPUTUNGA ROAD,
BENGALURU-01, REPRESENTED BY
SRI.VASUDEV D.DODDAMANI,
AGE: 49 YEARS, OCC: ASSISTANT DIRECTOR-
-2-
CRL.P No. 100322 of 2016
C/W CRL.P No. 102051 of 2015
CRL.P No. 100145 of 2016
TEXTILE AND HANDLOOM,
ZILLA PANCHAYAT-UDAYAMBAG-BELAGAVI,
BY, REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580001.
...RESPONDENT
(BY SRI. RAMESH CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO CALL FOR THE RELEVANT RECORDS AND
QUASH THE ORDER DATED 18/01/2016 AND CONSEQUENTLY
ENTIRE PROCEEDINGS IN C.C.NO.61/2016 (P.C.NO.2/2016) PASSED
BY THE LEARNED CIVIL JUDGE AND JMFC, NIPPANI INSOFAR AS
PETITIONER IS CONCERNED.
IN CRL.P.NO.102051/2015
BETWEEN:
ASHOK BASAPPA CHOUGULE,
AGE: 62 YEARS,
OCC: RETD. ARCS
THE MANAGING DIRECTOR,
THE KARNATAKA CO-OPERATIVE
TEXTILE MILLS LTD-NIPANNI,
R/O: SHIV BASAV COLONY-AKOL ROAD,
NIPPANI, TQ: CHIKODI, BELAGAVI.
...PETITIONER
(BY SRI. NEELENDRA D.GUNDE, ADVOCATE)
AND:
THE COMMISSIONER FOR
TEXTILE DEVELOPMENT AND
DIRECTOR TO HANDLOOM AND
TEXTILE-14-3A, NRUPUTUNGA ROAD,
BENGALURU-01, REPRESENTED BY
-3-
CRL.P No. 100322 of 2016
C/W CRL.P No. 102051 of 2015
CRL.P No. 100145 of 2016
SRI.VASUDEV D.DODDAMANI,
AGE: 49 YEARS, OCC: ASSISTANT DIRECTOR-
TEXTILE AND HANDLOOM,
ZILLA PANCHAYAT-UDAYAMBAG-BELAGAVI,
BY, REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580001.
...RESPONDENT
(BY SRI. RAMESH CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO CALL FOR THE RELEVANT RECORDS AND
QUASH THE ORDER DATED 07.11.2015 AND CONSEQUENTLY ENTIRE
PROCEEDINGS IN C.C.NO.1065/2015 (P.C.NO.110/2015) PASSED BY
THE LEARNED CIVIL JUDGE AND JMFC, NIPPANI INSOFAR AS
PETITIONER IS CONCERNED.
IN CRL.P.NO.100145/2016
BETWEEN:
ASHOK BASAPPA CHOUGULE,
AGE: 63 YEARS, OCC: RETD. ARCS
THE MANAGING DIRECTOR,
THE KARNATAKA CO-OPERATIVE
TEXTILE MILLS LTD-NIPANNI,
R/O: SHIV BASAV COLONY-AKOL ROAD,
NIPPANI, TQ: CHIKODI, BELAGAVI.
...PETITIONER
(BY SRI. NEELENDRA D.GUNDE, ADVOCATE)
AND:
THE COMMISSIONER FOR
TEXTILE DEVELOPMENT AND
DIRECTOR TO HANDLOOM AND
TEXTILE-14-3A, NRUPUTUNGA ROAD,
-4-
CRL.P No. 100322 of 2016
C/W CRL.P No. 102051 of 2015
CRL.P No. 100145 of 2016
BENGALURU-01, REPRESENTED BY
SRI.VASUDEV D.DODDAMANI,
AGE: 49 YEARS,
OCC: ASSISTANT DIRECTOR-
TEXTILE AND HANDLOOM,
ZILLA PANCHAYAT-UDAYAMBAG-BELAGAVI,
BY, REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580001.
...RESPONDENT
(BY SRI. RAMESH CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO CALL FOR THE RELEVANT RECORDS AND
QUASH THE ORDER DATED 18/01/2016 AND CONSEQUENTLY
ENTIRE PROCEEDINGS IN C.C.NO.60/2016 (P.C.NO.1/2016) PASSED
BY THE LEARNED CIVIL JUDGE AND JMFC, NIPPANI.
THESE PETITIONS COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Neelendra D.Gunde, learned counsel
appearing for the petitioner and Sri Ramesh Chigari
learned High Court Government Pleader for respondent-
State in all the cases.
2. All these petitions are filed under Section 482 of
Cr.P.C. with the following prayers.
CRL.P No. 100322 of 2016
C/W CRL.P No. 102051 of 2015
CRL.P No. 100145 of 2016
Crl.P.
C.C.Nos. Reliefs
Nos.
Crl.P.No. C.C.No. Wherefore, the petitioner/accused
100322/2016 61/2016 NO.1 most humbly prays that this
(P.C.No. Hon'ble Court may be pleased to
2/2016) call for the relevant records and
quash the order dated 18/01/2016
and consequently entire
proceedings in C.C.No.61/2016
(P.C.No.2/2016) passed by the
learned Civil Judge & JMFC,
Nippani, insofar as petitioner is
concerned in the interest of justice
and equity
Crl.P.No. C.C.No. Wherefore, the petitioner/accused
102051/2016 1065/2015 NO.1 most humbly prays that this
(P.C.No. Hon'ble Court may be pleased to
110/2015) call for the relevant records and
quash the order dated 07.11.2015
& consequently entire proceedings
in C.C.No.1065/2016 (P.C.No.110/
2015) passed by the learned Civil
Judge & JMFC, Nippani insofar as
petitioner is concerned in the
interest of justice and equity.
Crl.P.No. C.C.No. Wherefore, the petitioner/accused
100145/2016 60/2016 NO.1 most humbly prays that this
(P.C.No. Hon'ble Court may be pleased to
1/2016) call for the relevant records and
quash the order dated 18.01.2016
& consequently entire proceedings
in C.C.No.60/2016 (P.C.No.1/
2016) passed by the learned Civil
Judge & JMFC, Nippani insofar as
petitioner is concerned in the
interest of justice and equity.
3. Brief facts of the case are as under:
CRL.P No. 100322 of 2016
C/W CRL.P No. 102051 of 2015
CRL.P No. 100145 of 2016
The petitioner is the accused in respective private
complaints filed by the respondent represented by State
Public Prosecutor. Accused is facing trial in respect of
dishonor of cheque issued by him in favour of the
Commissioner for Textile Development and Director of
Handloom and Textile for the offence under Section 138 of
the Negotiable Instrument Act.
4. Present petitioner Ashoka Basappa Chougule
was the Managing Director of Karnataka Co-operative
Textile Mills Limited, Nippani and Shripad Baburao
Magadum was the president of the said Textile Mills who is
arraigned as the 2nd accused.
5. In all the petitions common grounds are raised
and by reiterating the said grounds, Sri Neelendra
D.Gunde, learned counsel relied on the judgment of
Hon'ble Apex Court in the case of Aneeta Hada Vs.
Godfather Travels & Tours Private Limited reported in
CRL.P No. 100322 of 2016
C/W CRL.P No. 102051 of 2015
CRL.P No. 100145 of 2016
(2012) 5 SCC 661 and also placing reliance on the
judgment of the Hon'ble Apex Court in the case of
P.Mohanraj and others Vs. Shah Brothers Ispat Pvt.
Ltd., reported in (2021) 6 Supreme Court Cases 258
contended that unless the company is arraigned as a party
accused, proceedings against the Managing Director or
other Directors of a company, the prosecution is incorrect
and therefore such a complaint is not maintainable.
6. Per contra learned High Court Government
Pleader supports the impugned order whereby accused-
petitioner is summoned before the Magistrate.
7. In view of the rival contentions of the parties
perused the material on record.
8. In the case on hand, the cheque issued by
Karnataka Co-operative Textile Mills Limited is a limited
company situated at Nippani. Admittedly, the company is
not made as an accused in private complaint filed by the
CRL.P No. 100322 of 2016
C/W CRL.P No. 102051 of 2015
CRL.P No. 100145 of 2016
respondent herein. Further, though respondent is a
Governmental Organization, since it is a petition under
Section 138 of N.I.Act, the same should have been filed by
an advocate, who represents the respondent-organization
not by State Public Prosecutor appointed by the State.
9. These aspects of the matter have not been
taken note of by learned Magistrate while issuing the
process.
10. Following the dictum of the Hon'ble Apex Court
referred to spura, this Court is of the considered opinion
that, taking cognizance and issuance of process as against
the 1st accused without the company being made as a
party, is illegal and cannot be sustained and therefore it is
a fit case to quash the order taking cognizance and
issuing process as against the petitioner is concerned.
Accordingly this Court pass the following.
CRL.P No. 100322 of 2016
C/W CRL.P No. 102051 of 2015
CRL.P No. 100145 of 2016
ORDER
Petitions are hereby allowed.
Proceedings pending against the petitioner in all the
petitions in respective C.C.No.61/2016(P.C.No.2/2016),
C.C.No.1065/2015(P.C.No.110/2015) and C.C.No.60/2016
(P.C.No.1/2016) passed by the Learned Civil Judge &
JMFC, Nippani, are hereby quashed.
However, the respondent is at liberty to initiate
action against the proper person in accordance with law.
SD/-
JUDGE
EM
