Karnataka High Court
Shri. Balesh A Ratnappagol vs The Sagar Leasing And Finance Ltd on 16 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:3778
CRL.A No. 100488 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100488 OF 2023 (A-)
BETWEEN:
SHRI BALESH A. RATNAPPAGOL,
AGE: 53 YEARS, OCC: BUSINESS,
R/O. KPILESHWAR COLONY,
BELAGAVI.
...APPELLANT
(BY SRI. SHRIKANT T PATIL.,ADVOCATE)
AND:
THE SAGAR LEASING AND FINANCE LTD.,
R/O 244/54, FULBAG GALLI, BELAGAVI,
R/BY IT CHAIMMAN,
SHRI MALLIKARJUN V. JAGAJAMBI,
R/O. 2ND MAIN 9TH CROSS,
26/27A, METROSHIR BUILING,
SADASHIV NAGAR,
ANNAPURNA BELAGAVI-590019.
CHINNAPPA
DANDAGAL ...RESPONDENT
Digitally signed by
ANNAPURNA
CHINNAPPA
DANDAGAL THIS CRIMINAL APPEAL IS FIELD U/SEC. 378 (4) OF CR.P.C.
Date: 2024.02.21
14:47:31 +0530
SEEKING THAT THE JUDGMENT OF ACQUITTAL AND DISMISSAL OF
COMPLAINT IN CC NO. 414/2020 DATED 11.08.2023 PASSED BY VII
ADDL. JMFC, BELAGAVI BE SET ASIDE AND CONSEQUENTLY THE
ACCUSED IN CC NO. 414/2020 BE CONVICTED THE OFFENCES
PUNISHABLE U/SEC. 138 OF NI ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:3778
CRL.A No. 100488 of 2023
JUDGMENT
1. This appeal under Section 378(4) of Cr.P.C. is
filed by the complainant with a prayer to set aside the
judgment and order of acquittal passed by the Court of the
VII Addl. JMFC, Belagavi in C.C.No.414/2021.
2. Heard the learned counsel for the appellant.
3. Appellant herein had initiated proceedings
before the trial Court against the respondent company for
the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 (for short, 'the NI Act').
Respondent having entered appearance before the trial
Court had raised specific defence that the cheques in
question were not issued by it. It is not in dispute that the
cheques in question Ex.P1 and Ex.P2 belongs to Sagar
Souharda Sahakari Niyamita, Belagavi, which is a
Cooperative Society. The said Society has not been
arrayed as accused to the present proceedings. The trial
Court placing reliance on the judgment of the Hon'ble
Supreme Court in the case of Aneeta Hada
NC: 2024:KHC-D:3778
Vs.M/s.Godfatehr Travels and Tours Pvt. Ltd., reported in
(2012)5 SCC 661, has held that the complaint is not
maintainable, since the complainant had failed to implead
or array the Society to whom the cheques in question
Ex.P1 and Ex.P2 belongs, as accused before the trial court.
4. I do not find any illegality or irregularity in the
said order. Therefore, the appeal lacks merit. Accordingly,
the same is dismissed.
5. In view of the dismissal of the appeal, pending
applications do not survive for consideration. Accordingly,
they are disposed of.
Sd/-
JUDGE
KGK
CT:GSM
