Karnataka Journalist Co ... vs Sri. G Muthuraj
2023 Latest Caselaw 6883 Kant

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                                                       NC: 2023:KHC:35430
                                                   CRL.A No. 1957 of 2018




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                  DATED THIS THE 29TH DAY OF SEPTEMBER, 2023
                                      BEFORE
                       THE HON'BLE MR JUSTICE S RACHAIAH
                      CRIMINAL APPEAL NO.1957 OF 2018 (A)


              BETWEEN:
              KARNATAKA JOURNALIST CO-OPERATIVE
              SOCIETY LIMITED,
              NO.11/4, SUVARNA BHAVAN,
Digitally
signed by N   QUEENS ROAD,
UMA           BENGALURU - 560 052.
Location:
HIGH          REPRESENTED BY ITS SECRETARY.
COURT OF                                                     ...APPELLANT
KARNATAKA
              (BY SRI. RAMACHANDRA N., ADVOCATE)
              AND:
              SRI. G. MUTHURAJ,
              S/O. M. GOPAL,
              CAMERA MAN OF TV9 CHANNEL.,
              NO.166/A, 2ND CROSS,
              1ST MAIN ROAD, 3RD PHASE,
              MANJUNATHA NAGARA,
              RAJAJINAGARA,
              BENGALURU - 560 010.

              WORKING AT TV9 CHANNEL,
              NO.13/1, RENIOUS STREET,
              RICHMOND TOWN,
              BENGALURU - 560 025.
                                                           ...RESPONDENT
              (BY SRI. JAVEED S., AMICUS CURIAE)
                   THIS CRIMINAL APPEAL IS FILED UNDER SECTION
              378(4) OF CRIMINAL PROCEDURE CODE PRAYING TO SET
              ASIDE THE IMPUGNED ORDER DATED 23.08.2018, PASSED BY
              THE XXVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
              AT BANGALORE IN C.C.NO.185/2017, ACQUITTING THE
              RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE
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                                                   NC: 2023:KHC:35430
                                             CRL.A No. 1957 of 2018




UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS
ACT.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                               JUDGMENT

1. This appeal is filed against the Order dated

23.08.2018, passed in C.C. No.185/2017 by the XXVI

Additional Chief Metropolitan Magistrate, Bengaluru,

wherein, the Trial Court dismissed the complaint for

default.

2. Heard Sri. Ramachandra N., learned counsel for the

appellant and Sri. Javeed S., Amicus Curiae for the

respondent and perused the material on record.

3. On perusal of the Order sheets, the complaint has

been registered on 02.01.2017, summons was issued to

the accused on 19.01.2017. On 19.1.2017, the Trial Court

passed an order to issue summons through RPAD.

Thereafter, on four successive dates, the Presiding Officer

was on leave. However, in the meantime, learned counsel

for the complainant had taken necessary steps and

NC: 2023:KHC:35430 CRL.A No. 1957 of 2018

furnished RPAD covers to issue summons to the accused.

On 24.03.2017, RPAD cover returned an it was kept in file.

4. Again on 27.1.2018, summons was issued to the

accused. The order-sheet indicates that, on 28.5.2018,

RPAD returned was kept in filed. On 12.07.2018, the

order-sheet indicates that, the address of the accused was

incomplete and previous RPAD cover contains a shara as

'no such person' on the said address. Again on 23.8.2018,

the matter was listed, the Trial Court dismissed the case

for default.

5. On careful perusal of the averments of the

complaint, the complainant has stated to have lent loan of

Rs.1,00,000/- and also paid Rs.20,000/-. It appears that,

the transaction took place between the complainant and

the accused. If one more opportunity is given to them to

take necessary steps to serve the notice to the

respondent, by considering that the complainant is a Co-

operative Society and public money is involved in the said

transaction, certainly the object would be met, if it is

NC: 2023:KHC:35430 CRL.A No. 1957 of 2018

allowed on payment of cost. Therefore, the order dated

23.08.2018 required to be set aside.

6. In view of the above, I proceed to pass the

following:

ORDER

(i) The Criminal Appeal is allowed.

(ii) The Order dated 23.08.2018 passed in C.C.

No.185/2017 by the XXVI Additional Chief

Metropolitan Magistrate, Bengaluru, is hereby

set-aside.

(iii) The matter is remitted to the Trial Court and

the Trial Court is directed to proceed with the

matter where it was stopped and it is needless

to say that, the complainant/appellant shall

furnish the correct address and take necessary

steps to issue Summons to the accused.

NC: 2023:KHC:35430 CRL.A No. 1957 of 2018

(iv) Both the parties and their counsel are directed

to be present before the Trial Court on

26.10.2023 without awaiting any notice.

(v) The appellant / complainant is directed to pay

cost of Rs.3,000/- (Rupees Three Thousand

only) payable to the Karnataka State Legal

Services Authority, Bengaluru.

Sd/-

JUDGE

SNC