Shri.Uday S/O Mahadevrao Mohite vs Mr.Mangesh Trivikram Kantak
2023 Latest Caselaw 50 Kant

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                                                       CRL.P No. 100552 of 2020

                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 2ND DAY OF JANUARY, 2023

                                              BEFORE
                           THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                           CRIMINAL PETITION NO. 100552 OF 2020 (482)
                   BETWEEN:

                   SHRI.UDAY S/O. MAHADEVRAO MOHITE,
                   AGE: 67 YEARS, OCC: PENSIONER,
                   R/O: H.NO.12, SHIVAJI COLONY, TILAKWADI, BELAGAVI.

                                                                   ...PETITIONER
                   (BY SRI. B. B. LAKKANNAVAR., ADVOCATE)
                   AND:
                   1.   MR.MANGESH TRIVIKRAM KANTAK,
                        AGE: 41 YEARS, OCC: BUSINESS,
                        R/O: MANGIRISH CHITS, PRIVATE LTD.,
                        "BAMANE TOWERS", CTS NO.5647/2,
                        OPP. FIRE BRIGADE OFFICE,KHANAPUR ROAD, BELAGAVI.

                   2.   MRS.KRANTI W/O. MANGESH KANTAK,
                        AGE: 37 YEARS, OCC: BUSINESS,
                        R/O: MANGIRISH CHITS, PRIVATE LTD.,
                        "BAMANE TOWERS", CTS NO.5647/2,
Digitally signed        OPP. FIRE BRIGADE OFFICE,
by J MAMATHA
Location:               KHANAPUR ROAD, BELAGAVI.
Dharwad
Date: 2023.01.06
10:23:50 +0530                                                   ...RESPONDENTS

                          THIS CRIMINAL PETITION IS FILED U/S. 482 OF CR.P.C.,
                   PRAYING TO SET ASIDE THE IMPUGNED ORDER AND TO DIRECT THE
                   PETITIONER TO GET COMPLY HIS COMPLAINT BEFORE THE COURTS
                   BELOW BY ALLOWING THE PETITION.


                          THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
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                                            CRL.P No. 100552 of 2020

                                 ORDER

Office has raised objection regarding maintainability of

this petition.

2. The learned Magistrate vide judgment dated

05.08.2019 passed in Criminal Case No.966/2017, acquitted

the accused/ respondents of an offence punishable under

Section 138 of Negotiable Instrument Act (for short "N. I.

Act"). The petitioner/ complainant preferred an appeal before

the learned Sessions Judge, in Crl. A. No.292/2019, which was

dismissed on 06.02.2020 as not maintainable.

3. Against the judgment and order of acquittal passed

by the Trial Court in respect of an offence punishable under

Section 138 of N. I. Act, an appeal is provided to the

complainant before this Court and therefore this Criminal

Petition is not maintainable.

4. Office objection is therefore upheld and this

Criminal Petition is dismissed as not maintainable, reserving

liberty to the petitioner to seek remedy available under law.

Sd/-

JUDGE PJ