Karnataka High Court
Dasegowda D (Lic Agent) vs Bettegowda on 4 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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CRL.P No. 11688 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.11688 OF 2024
BETWEEN:
DASEGOWDA D (LIC AGENT)
S/O. LATE DASEGOWDA
AGED ABOUT 48 YEARS
R/AT. BEEDANAHALLI VILLAGE
BANNUR HOBLI' T. NARASIPURA TALUK
MYSURU DISTRICT. 571101
...PETITIONER
(BY SRI. SIRAJUDDIN AHMED.,ADVOCATE)
AND:
1. BETTEGOWDA
S/O LATE SERAMMANA NINGE GOWDA
AGED ABOUT 70 YEARS
R/AT. BEEDANAHALLI VILLAGE
Digitally signed by BANNUR HOBLI' T. NARASIPURA TALUK
LEELAVATHI S R
MYSURU DISTRICT. 571101
Location: High
Court of Karnataka COMPLAINANT IN PCR NO - 40/2021
CC NO-342/2021.
2. ASHOK
S/O LATE MARI GOWDA
AGED ABOUT 40 YEARS
R/AT. B. BETA HALLI VILLAGE
ATTAHALLI POST, BANNUR HOBLI'
T. NARASIPURA TALUK
MYSURU DISTRICT. 571101.
COMPLAINANT IN PCR NO 46/2021
CC NO-564/2021.
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CRL.P No. 11688 of 2024
3. CHIKKARAJU
S/O LATE CHIKANNA
AGED ABOUT 50 YEARS
R/AT. B. BETA HALLI VILLAGE
ATTAHALLI POST, BANNUR HOBLI'
T. NARASIPURA TALUK
MYSURU DISTRICT. 571101
COMPLAINANT IN PCR NO - 45/2021
CC NO-565/2021.
4. UMESHA
S/O LATE DEVEGOWDA
AGED ABOUT 32 YEARS
R/AT. BEEDANAHALLI VILLAGE,
BANNUR HOBLI' T. NARASIPURA TALUK
MYSURU DISTRICT. 571101
COMPLAINANT IN CC NO- 566/2021.
5. CHIKKAMOGANNA
AGED ABOUT 62 YEARS
S/O LATE CHIKANNA
R/AT. BEEDANAHALLI VILLAGE,
BANNUR HOBLI' T. NARASIPURA TALUK
MYSURU DISTRICT. 571101.
COMPLAINANT IN -CC NO-583/2021.
6. SHASHIDHARA
S/O CHICKKAMOGANNA
AGED ABOUT 32 YEARS
R/AT. BEEDANAHALLI VILLAGE,
BANNUR HOBLI' T. NARASIPURA TALUK
MYSURU DISTRICT. 571101
COMPLAINANT IN-CC NO-595/2021.
7. VENKATESH B.V
S/O VENKETEGOWDA
AGED ABOUT 38 YEARS
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CRL.P No. 11688 of 2024
R/AT. BEEDANAHALLI VILLAGE,
HANUMANALU POST,
BANNUR HOBLI'
T. NARASIPURA TALUK
MYSURU DISTRICT. 571101
COMPLAINANT IN PCR NO - 71/2021
CC NO-760/2021.
8. VENKATESHA
S/O LATE DASE GOWDA
AGED ABOUT 40 YEARS
R/AT. BEEDANAHALLI VILLAGE
BANNUR HOBLI' T. NARASIPURA TALUK
MYSURU DISTRICT. 571101
COMPLAINANT IN PCR NO -97/2021
CC NO-1426/2021.
9. JAYARAMU
S/O LATE RANGE GOWDA
AGED ABOUT 58 YEARS
R/AT. BEVENAHALLI VILLAGE,
KETUPURA POST, SOSELE HOBLI,
T. NARASIPURA TALUK
MYSURU DISTRICT. 571101
COMPLAINANT IN PCR NO - 35/2022
CC NO-1843/2022.
10. SURESH B.N
S/O LATE NINGE GOWDA
AGED ABOUT 40 YEARS
R/AT. BEEDANAHALLI VILLAGE
BANNUR HOBLI' T. NARASIPURA TALUK
MYSURU DISTRICT. 571101
COMPLAINANT IN PCR NO 66/2022
CC NO-3870/2022.
...RESPONDENTS
(NOTICE TO RESPONDENTS ARE DISPENSED WITH VIDE ORDER
DATED 04.02.2025)
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CRL.P No. 11688 of 2024
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO PASS AN ORDER OF SENTENCES IN ALL 10 CASES
IN CC. NO.342/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A
TERM OF TWO YEARS WITH FINE OF RS.23,440/-,IN C.C.NO.
564/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF
TWO YEARS WITH FINE OF RS.36,50,000/-IN C.C.NO. 565/2021 TO
UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS
WITH FINE OF RS.3,20,000/-,IN C.C.NO.760/2021 TO UDERGO
SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE
OF RS.3,50,000/-, IN C.C.NO.1426/2021 TO UDERGO SIMPLE
IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF
RS.4,10,000/-,IN C.C.NO. 1843/2022 TO UDERGO SIMPLE
IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF
RS.4,60,000/-,IN C.C.NO.3870/2022 TO UDERGO SIMPLE
IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF
RS.8,60,000/-,IN C.C.NO.566/2021 TO UDERGO SIMPLE
IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF
RS.5,08,000/-, IN C.C.NO.589/2021 TO UDERGO SIMPLE
IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF
RS.4,98,000/-,IN C.C.NO.595/2021 TO UDERGO SIMPLE
IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF
RS.4,98,000/-, SHALL RUN CONCURRENTLY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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CRL.P No. 11688 of 2024
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"It is most humbly prayed that this Hon'ble Court may
be pleased to pass an order of sentences in all 10 cases in
In CC Number 342/2021 to undergo Simple
Imprisonment for a term of two years with fine of
Rs.23,440/-.
In CC Number 564/2021 to undergo Simple
Imprisonment for a term of two years with fine of
Rs.36,50,000/-.
In CC Number 565/2021 to undergo Simple
Imprisonment for a term of two years with fine of
Rs.3,20,000/-.
In CC Number 760/2021 to undergo Simple
Imprisonment for a term of two years with fine of
Rs.3,50,000/-.
In CC Number 1426/2021 to undergo Simple
Imprisonment for a term of two years with fine of
Rs.4,10,000/-.
In CC Number 1843/2022 to undergo Simple
Imprisonment for a term of two years with fine of
Rs.4,60,000/-.
In CC Number 3870/2022 to undergo Simple
Imprisonment for a term of two years with fine of
Rs.8,60,000/-.
In CC Number 566/2021 to undergo Simple
Imprisonment for a term of two years with fine of
Rs.5,08,000/-."
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2. Heard learned counsel for the petitioner and perused
the material on record. For the order proposed, notice to
respondents is dispensed with.
3. A perusal of the material on record will indicate that
respondent Nos.1 to 10 instituted ten different proceedings against
the petitioner-accused for offence punishable under Section 138 of
the Negotiable Instruments Act, 1881. The details of the aforesaid
cases filed by respondent Nos.1 to 10 - complainants filed by them
are as under:
JUDGMENT
Sl. DATE / UNDERGONE
RESPONDENT CC. NO./ COURT
No. CONVICTION PERIOD
YEAR
1. N BETTEGOWDA 342/2021-JMFC 21.02.2022 02 YEARS
AT TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
2. ASHOKA 564/2021-JMFC AT 21.02.2022 02 YEARS
TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
3. CHIKKARAJU 565/2021-JMFC AT 21.02.2022 02 YEARS
TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
4. VENKATESH B V 760/2021-JMFC AT 21.02.2022 02 YEARS
TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
5 VENKATESHA 1426/2021-JMFC 21.02.2022 02 YEARS
AT TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
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JUDGMENT
Sl. DATE / UNDERGONE
RESPONDENT CC. NO./ COURT
No. CONVICTION PERIOD
YEAR
6 JAYARAMU 1843/2022-JMFC 21.02.2022 02 YEARS
AT TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
7 SURESH B N 3870/2022-JMFC 21.02.2022 02 YEARS
AT TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
8 UMESHA 566/2021-JMFC AT 03.01.2023 02 YEARS
TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
9 CHIKKAMOGANNA 583/2021-JMFC AT 03.01.2023 02 YEARS
TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
10 SHASHIDHARA 595/2021-JMFC AT 03.01.2023 02 YEARS
TIRUMAKUDAL 02 YEARS 02 MONTHS
NARASIPURA
4. As can be seen from the aforesaid orders passed by
the learned Magistrate, the petitioner has been convicted to
undergo simple imprisonment for a period of two years in the
aforesaid cases. It is a matter of record and an undisputed fact
that out of the total sentence of more than twenty years as imposed
by the learned Magistrate, the petitioner has already undergone
sentence of 3½ years as on today and having regard to the nature
of the offence, for which the petitioner has been convicted under
Section 138 of the N.I.Act, in order to secure the ends of justice
and in the peculiar / special facts and circumstances obtaining in
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the instant case, it would be just and appropriate to exercise my
jurisdiction under Section 482 of the Cr.PC read with Article 226 of
the Constitution of India and direct that the imprisonment of 3½
years already undergone by the petitioner-accused to be treated as
the maximum sentence imposed in all the aforesaid cases by
directing that the same shall run concurrently for all the sentences
in relation to all the aforesaid criminal cases and direct the
petitioner to be released immediately upon receipt of a copy of this
order. It is made clear that the present order is made in the peculiar
/ special facts and circumstances obtaining in the instant case and
the same shall not be treated as precedent nor shall the same have
any precedential value for any purpose whatsoever.
5. In the result, the following:
ORDER
[a] The petition is hereby allowed and disposed of.
[b] The concerned Jail authorities are directed to
release the petitioner immediately upon receipt of a copy of
this order.
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[c] It is made clear that the present order is made in
the peculiar / special facts and circumstances obtaining in
the instant case and the same shall not be treated as
precedent nor shall the same have any precedential value for
any purpose whatsoever.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
AN/-
