B.A. Murugesh vs Divya Medicals
2023 Latest Caselaw 11276 Kant

Karnataka High Court

B.A. Murugesh vs Divya Medicals on 20 December, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                         -1-
                                                     NC: 2023:KHC:46458
                                                 CRL.A No. 1048 of 2019




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 20TH DAY OF DECEMBER, 2023

                                      BEFORE
                 THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                        CRIMINAL APPEAL NO. 1048 OF 2019
             BETWEEN:

             B.A. MURUGESH,
             SON OF B.G. ANJANEYA,
             AGED ABOUT 53 YEARS,
             BUSINESSMAN, NO.2516/1,
             8TH MAIN ROAD, MCC 'A' BLOCK,
             DAVANAGERE-577 005.
                                                            ...APPELLANT
             (BY SRI. M.R. HIREMATHAD, ADVOCATE(ABSENT))
             AND:

             DIVYA MEDICALS,
             OWNER OF K. SHIVAKUMAR,
             SON OF KALLAPPA,
             AGED ABOUT 47 YEARS,
             BUSINESSMAN, 8TH MAIN, NEAR MG LAB,
             CHIKKAMANNI DEVARAJ URS EXTENSION,
             BEHIND KEB GRID, DAVANAGERE-577 005.
                                                           ...RESPONDENT
Digitally
signed by
SOWMYA D     (BY SMT. SPOORTHY HEGDE NAGARAJA, ADVOCATE)
Location:         THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING TO SET
High Court   ASIDE THE JUDGMENT AND ORDER DATED 11.01.2019, PASSED
of
Karnataka    BY THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND VII
             ADDITIONAL MACT AT, DAVANAGERE IN C.C.NO.900/2017,
             ACQUITTING THE RESPONDENTS/ACCUSED FOR THE OFFENCE
             P/U/S 138 OF THE N.I ACT.
                  I.A.NO.2/2019 IS FILED UNDER SECTION 378(4) OF CR.P.C.
             PRAYING TO GRANT LEAVE.

                   THIS APPEAL COMING ON FOR ORDERS ALONG WITH THE
             I.A.2/2019 THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                             -2-
                                          NC: 2023:KHC:46458
                                     CRL.A No. 1048 of 2019




                        JUDGMENT

The learned counsel for appellant is called out.

Absent.

2. Regularly there is no representation on behalf

of the appellant.

3. The complainant has filed a complaint against

the accused for the offence punishable under Section 138

of the Negotiable Instruments Act. The cheque was for a

sum of Rs.2,70,000/-. However, in the cross-examination,

the complainant admitted that the cheque includes the

interest portion also. The complainant is not entitled to

claim any interest and his cross-examination reveals that

he has charged interest at the rate of 2%. He is not a

money lender and no license is there for money lending.

4. Considering, these lacunas and considering the

fact that the cheque amount is not a legally enforceable

debt as it includes the exorbitant interest portion, the

learned Magistrate has held that there is no legally

enforceable liability under the cheque.

NC: 2023:KHC:46458

5. The learned counsel for appellant did not

appear before the Court so as to convince the Court

regarding I.A.No.2/2019. Considering these aspects, no

grounds are forthcoming for allowing I.A.No.2/2019 by

granting leave to file appeal. Hence, I.A.No.2/2019 stands

dismissed. Consequently, the appeal stands dismissed.

Sd/-

JUDGE

DS