Karnataka High Court
Shri Maruti S/O Bhimappa ... vs Sri Girigouda S/O. Sidagouda ... on 21 February, 2023
Bench: Mohammad Nawaz
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CRL.P No. 100433 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 100433 OF 2023 (482-)
BETWEEN:
1. SHRI MARUTI S/O BHIMAPPA KARAGANVI
AGE. 45 YEARS, OCC. AGRICULTURE,
R/O. PASKI ROAD, MUGALKHOD,
TQ. RAIBAG,DIST. BELAGAVI-591325
...PETITIONER
(BY SRI.RAJASHEKAR BURJI, ADV. FOR
SRI. HARISH S MAIGUR.,ADVOCATE)
AND:
1. SRI GIRIGOUDA S/O. SIDAGOUDA PATIL
AGE. 59 YEARS, OCC. AGRICULTURE AND BUSINESS,
R/O. MUGALKHOD, TQ. RAIBAG,
DIST. BELAGAVI-591325
...RESPONDENT
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO SET ASIDE THE ORDER DATED 22.12.2022 PASSED IN
Digitally signed by
J MAMATHA
Location: High CRIMINAL APPEAL NO. 5042/2022 DISMISSING THE APPEAL FOR
J Court of
MAMATHA Karnataka,
Dharwad NON PROSECUTION, BY RESTORING THE APPEAL TO ITS ORIGINAL
Date: 2023.02.24
11:09:47 +0530
FILE, PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS
JUDGE BAGALKOTE TO SIT AT JAMKHANDI, HUBBALLI, FOR THE
OFFENCES PUNISHABLE U/SEC. 138 OF N.I. ACT, IN SO FAR AS
THIS PETITIONER IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 100433 of 2023
ORDER
Heard the learned counsel for petitioner and perused
the material on record.
2. Petitioner is aggrieved by the dismissal of his appeal
by the Appellate court for non-prosecution, which was
preferred against the judgment and order of sentence
passed against him by the trial Court for the offence
punishable under Section 138 of Negotiable Instruments
Act, 1881 (for short 'NI Act').
3. The petitioner/accused was sentenced to undergo
simple imprisonment for a period of six months with a fine
of Rs.5,000/- and in default of payment of fine amount, to
undergo simple imprisonment for a period of three
months. He was ordered to pay a compensation of
Rs.30,00,000/- to the complainant within one month from
the date of the order.
CRL.P No. 100433 of 2023
4. The petitioner preferred Crl.A.No.5042/2022 before
the Court of I Addl. District and Sessions Judge, Bagalkot,
sitting at Jamkhandi. The learned Sessions Judge was
pleased to suspend the sentence imposed against the
petitioner subject to executing the bonds for a sum of
Rs.30,00,000/- each and depositing 25% of the total
compensation amount within three weeks from the order
dated 27.09.2022. Notice was issued to the complainant.
It was submitted that parties are likely to settle the matter
and therefore, the case was adjourned. On 23.12.2022,
since the petitioner and his counsel were absent and since
25% of the total compensation amount as ordered was
also not deposited, the appeal was dismissed for non-
prosecution.
5. Petitioner has been convicted by the trial Court for an
offence punishable under Section 138 of NI Act and
sentenced to undergo imprisonment as well as to pay fine
and compensation. He has filed a statutory appeal before
the Appellate Court challenging his conviction and
CRL.P No. 100433 of 2023
sentence passed by the trial Court. Therefore, the
Appellate Court was not justified in dismissing his appeal
for non-prosecution without hearing the appeal on merits.
The Appellate Court had suspended the sentence imposed
against the petitioner herein subject to executing bonds
and deposit of 25% of the total compensation amount.
Since, the order on sentence was suspended subject to the
above conditions, then if the conditions are not complied,
obviously the order suspending the sentence will not
survive. However, the appeal could not have been
dismissed for non-prosecution.
6. It is submitted by the learned counsel for petitioner
that now petitioner is willing to deposit 25% of the total
compensation amount before the Appellate Court and the
parties have also settled the matter. In the light of said
submission and also for the foregoing reasons, the petition
deserves to be allowed. Accordingly, the following:
CRL.P No. 100433 of 2023
ORDER
Petition is allowed.
The order dated 23.12.2022 passed by the I Addl.
District and Sessions Judge, Bagalkot, sitting at Jamkhandi
in Crl.A.No.5042/2022 dismissing the appeal for non-
prosecution, is hereby set aside.
The petitioner is directed to deposit 25% of the total
compensation amount as ordered by the Appellate Court
within a period of 15 days from today.
The parties are at liberty to settle the dispute and
report the settlement before the Appellate Court.
The petitioner/accused is directed to appear before
the Appellate Court without further notice on 03.03.2023
and on all subsequent dates as ordered by the Appellate
Court.
CRL.P No. 100433 of 2023
If the matter is not settled, the learned Sessions
Judge shall hear the appeal on merits and dispose of the
same in accordance with law.
IA No.1/2023 does not survive for consideration and
the same is disposed of.
(Sd/-)
JUDGE
HMB
