Basavaraj S/O.Channappa ... vs M/S. Shriram Transports Finance ...
2022 Latest Caselaw 4146 Kant

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                                    CRL.A No. 100273 of 2021


     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

          DATED THIS THE 10TH DAY OF MARCH, 2022

                           BEFORE
             THE HON'BLE MR JUSTICE P.N.DESAI
            CRIMINAL APPEAL NO. 100273 OF 2021
BETWEEN:

1.    BASAVARAJ S/O.CHANNAPPA MANAGOLI
      AGE: 45 YEARS, OCC:. BUSINESS,
      R/O H. NO. 553, NEAR VITILING TEMPLE,
      KAROSHI-591226, TQ: CHIKODI,
      DIST: BAGALKOT.

                                               ...PETITIONER

(BY SRI. SHRIHARSH A NEELOPANT.,ADVOCATE)

AND:

1.    M/S. SHRIRAM TRANSPORTS FINANCE CO.LTD.,
      REPRESENTED BY
      MR. AMARAPPA S/O SANGAPPA KUMBAR
      AGE: 36 YEARS, OCC:PRODUCT EXECUTIVE (LEGAL)
      N0 4080/A2, OPP BILL MEMORIAL SCHOOL
      NEAR POLICE STATION, MUDHOL-587313
      TQ: MUDHOL, DIST: BAGALKOTE.

                                              ...RESPONDENT

(BY SRI. SHREEVATSA HEGDE.,ADVOCATE)

      THIS CRIMINAL APPEAL IS FILED U/S 374(2) OF CR.P.C
SEEKING TO SET ASIDE THE IMPUGNED JUDGEMENT DATED
03.09.2021 PASSED IN C.C NO.616/2017 PASSED BY THE
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC MUDHOL AND
ACQUIT THE ACCUSED/APPELLANT FOR THE OFFENCE
PUNISHABLE U/S 138 R/W. SECTION 142 NI ACT.
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                                             CRL.A No. 100273 of 2021


     THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT PASSED THE FOLLOWING:

                              ORDER

This appeal is filed under Section 374(2) of Code of Criminal

Procedure (for short 'Cr.P.C.') challenging the judgment of

conviction and order of sentence passed by Addl. Senior Civil

Judge and JMFC., Mudhol (for short 'trial Court') in

C.C.No.616/2017, wherein the appellant is convicted for the

offences punishable under Section 138 of Negotiable Instrument

Act and was sentenced to pay a fine of Rs.18,00,000/- and in

default of payment of fine amount, the appellant-accused shall

undergo simple imprisonment for a period of 6 months.

2. Learned counsel for the appellant files a memo stating

that the appellant be permitted to file an appeal before the proper

Court in view of Section 374 of Cr.P.C. It is evident that under

Section 374 (3) of Cr.P.C., an appeal lies to a Session Court from

the judgment and conviction passed by the Judicial Magistrate First

Class. Therefore, the present appeal is not maintainable before this

Court. Sri Shreevatsa Hegde, learned counsel for the respondent

also not disputed the said aspect.

CRL.A No. 100273 of 2021

3. In view of the memo and the provision of law, the

appeal is dismissed as not maintainable before this Court.

However, the appellant is at liberty to file appeal before the

appropriate jurisdictional Court in accordance with law if he is

entitle under law. The appellant can also seek condonation of

delay, if any, for having filed any such appeal before wrong forum

by filing necessary application before the proper Court and under

appropriate provision of law and if any such application is filed, the

same shall be considered and disposed of in accordance with law

and merits of the contention, by the said Court.

Accordingly, the appeal is dismissed as not maintainable.

SD/-

JUDGE

AM