Karnataka High Court
Y N Krishnamurthy vs Gururaj S Lokkur on 17 February, 2014
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF FEBRUARY 2014
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
CRIMINAL APPEAL NO.1031 OF 2008
c/w CRL.A Nos.1032 OF 2008 and 1/2009
In Crl.A. No.1031/2008
Between:
Y.N.Krishnamurthy
S/o Late Y.R.N.Rao
76 years, R/at 1713
14th Main, 31st Cross
BSK 2nd Stage
Bangalore - 70 ... Appellant
(By Sri.Y.N.Krishnamurthy, Party-in-person)
And:
Gururaj S. Lokkur
Major
R/at 1754, 12th Main
22nd Cross, 33rd Cross
BSK II Stage
Bangalore - 70 ... Respondent
(By Sri.C.S.Hiremath, Advocate)
*****
This Criminal Appeal is filed under Section 378(4)
Cr.P.C praying to set aside the judgment and order
dated 19.8.2008 passed by 36th Additional City Civil
and Sessions Judge, Bangalore in Crl.A No.93/2007,
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and convict the accused for the offence punishable
under Section 138 of Negotiable Instruments Act.
In Crl.A. No.1032/2008
Between:
Y.N.Krishnamurthy
S/o Late Y.R.N.Rao
76 years, R/at 1713
14th Main, 31st Cross
BSK 2nd Stage
Bangalore - 70 ... Appellant
(By Sri.Y.N.Krishnamurthy, Party-in-person)
And:
Gururaj S. Lokkur
Major
R/at 1754, 12th Main
22nd Cross, 33rd Cross
BSK II Stage
Bangalore - 70 ... Respondent
(By Sri.C.S.Hiremath, Advocate)
*****
This Criminal Appeal is filed under Section 378(4)
Cr.P.C praying to set aside the judgment and order
dated 19.8.2008 passed by 36th Additional City Civil
and Sessions Judge, Bangalore in Crl.A. No.94/2007
and convict the accused for the offence punishable
under Section 138 of Negotiable Instruments Act.
3
In Crl.A. No.1/2009
Between:
Y.N.Krishnamurthy
S/o Late Y.R.N.Rao
76 years, R/at 1713
14th Main, 31st Cross
BSK 2nd Stage
Bangalore - 70 ... Appellant
(By Sri.Y.N.Krishnamurthy, Party-in-person)
And:
Gururaj S. Lokkur
Major
R/at 1754, 12th Main
22nd Cross, 33rd Cross
BSK II Stage
Bangalore - 70 ... Respondent
(By Sri.C.S.Hiremath, Advocate)
*****
This Criminal Appeal is filed under Section 378(4)
Cr.P.C praying to set aside the judgment and order of
acquittal dated 5.11.2008 passed by XIX Additional
Chief Metropolitan, Bangalore City in C.C.
No.4026/2004 acquitting the respondent/accused for
the offence punishable under Section 138 of Negotiable
Instruments Act.
These Appeals coming on for hearing this day, the
Court delivered the following:-
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JUDGMENT
Crl.A No.1031/2008 is filed against the judgment of acquittal made in C.C.No.8709/2003. Crl.A.No.1032/2008 is filed against the judgment of acquittal made in C.C.No.16942/2003 and Crl.A. No.1/2009 is filed against the judgment of acquittal made in C.C.No.4026/2004.
2. Heard appellant, party-in-person and learned counsel for respondent.
3. The learned trial judge has accepted the affidavit evidence filed by the accused.
4. In a decision reported in (2010) 3 Supreme Court Cases 83 (in the case of MANDVI COOPERATIVE BANK LIMITED vs. NIMESH B. THAKORE), the Supreme Court has held that under Section 145 of the Negotiable Instruments Act, accused cannot be permitted to file affidavit in lieu of examination-in-chief. The Supreme Court has held that the accused has no right to give 5 evidence on affidavit. Therefore, the impugned judgments cannot be sustained.
5. In the result, I pass the following:
ORDER The appeals are accepted. The impugned judgments are set aside. The matters are remanded to the learned Trial Judge for recording evidence of the accused in accordance with law. The complainant is permitted to lead rebuttal evidence.
The learned Trial Judge shall decide the cases on merits within a period of three months from the date of receipt of a copy of this judgment. Office is directed to forthwith send back the records along with a copy of this judgment to the Trial Court.
Sd/-
JUDGE AHB