M. B. Pradeep vs Sri. Razak. A
2025 Latest Caselaw 3517 Kant

Citation : 2025 Latest Caselaw 3517 Kant
Judgement Date : 4 February, 2025

Karnataka High Court

M. B. Pradeep vs Sri. Razak. A on 4 February, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                          NC: 2025:KHC:4917
                                                    CRL.P No. 14353 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. 14353 OF 2024


                BETWEEN:

                     M. B. PRADEEP
                     S/O M T BOPAIAH
                     AGED 45 YEARS,
                     R/O DODDATHURARU VILLAGE,
                     KUDUMANGLORE POST,
                     KUSHALNAGAR HOBLI,
                     KODAGU-571234.
                                                               ...PETITIONER
                (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE)

                AND:

                1.   SRI. RAZAK. A
                     S/O ABDULLA,
Digitally            AGED ABOUT 35 YEARS,
signed by
LEELAVATHI           R/O 1ST BLOCK,
SR
Location:
                     NIZAMUDDIN BADAVANE,
High Court of        KUSHALNAGAR,
Karnataka
                     SOWWARPET TALUK,
                     KODUGU-571234.

                2.   K.N CHENGAAPPA
                     S/O NANJUNDA,
                     AGED ABOUT 67 YEARS,
                     R/O GUDDAEHOSURU VILLAGE,
                     KUSHALNAGER
                     HOBLI, SOMWARPET.
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                                                    NC: 2025:KHC:4917
                                            CRL.P No. 14353 of 2024




3.   K .C BHEEMAIAH
     S/O K.S CHENGAPPA,
     AGED ABOUT 33 YEARS
     R/O GUDDAEHOSURU VILLAGE,
     KUSHALNAGAR HOBLI,
     SOMWARPET.
                                                      ...RESPONDENTS
(NOTICE TO RESPONDENT DISPENSED WITH VIDE ORDER DATED
04.02.2025)

      THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
PRAYING TO PASS AN ORDER DIRECTING IN ALL THE THREE
CASES IN THE COURT OF THE CIVIL JUDGE AND JMFC
KUSHALNAGAR CC N. 795/2017 (DATED 31/08/2021), IN THE COURT
OF THE CIVIL JUDGE AND JMFC KUSHALNAGAR CC NO. 173/2017
(DATED 25/04/2022) IN THE COURT OF THE CIVIL JUDGE AND
JMFC KUSHALNAGAR CC NO. 176/2017 (DATED - 25/04/2022)
PASSED IN THE COURT 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


                             ORAL ORDER

In this petition, the petitioner seeks the following relief:

" Directing in all the three cases in the court of the Civil Judge and JMFC Kushalnagar CC No. 795/2017 (dated 31.08.2021), in the court of the Civil Judge and JMFC Kushalnagar CC No. 173/2017 (dated 25.04.2022) in the

NC: 2025:KHC:4917

Court of the Civil Judge and JMFC Kushalnagar CC No. 176/2017 (dated 25.04.2022) passed in the court shall run concurrently."

2. Heard the learned counsel for the petitioner and

perused the material on record. For the order proposed, the notice

to the respondents is dispensed with.

3. A perusal of the material on record would indicate that

the respondent Nos.1 to 3 instituted ten different proceedings

against the petitioner/accused for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1881. The details

of the aforesaid cases filed by respondent Nos.1 to 3 -

complainants filed by them are as under:

Sl. RESPONDENT CC. NO./ JUDGMENT UNDERGONE No. COURT DATE/ PERIOD CONVICTION YEAR

1. RAZAK. A 795/2017 31.08.2021 03 YEARS JMFC KUSHALNAGAR

2. K.N. CHENGAAPPA 173/2013 25.04.2022 03 YEARS JMFC KUSHALNAGAR

3. K.C. BHEEMAIAH 176/2017 25.04.2022 03 YEARS JMFC KUSHALNAGAR

4. As can be seen from the aforesaid orders passed by

the learned Magistrate, the petitioner has been convicted to

NC: 2025:KHC:4917

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

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.

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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.

[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.