Basanth Kumar Patil vs State Of Karnataka on 10 July, 2009

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Karnataka High Court

Basanth Kumar Patil vs State Of Karnataka on 10 July, 2009

IN THE HIGH COURT OF KARNATAKA, BANGA1,()}§,1;:». T . DATED ms Ti-[E 10TH DAY 05' JULY, 2043?' " " Ii § f# r-V L' BEFORE _ L. A THE HONBLE MRS. JUSTICE .. 'V iv CRL.P.3?810z ' '- - « ' ~ ' BETWEEN '' MR.BASAN'i'H KUMAR PATH, .

szo T.K.PATB;., Pm'~J'DU,1\x1A_JC;R : " ' PROPRIETOR M/S. BASANTH PECTURES _ cARRYE~IG0NBU311~:Ess;AT ., NO.176,VICROS:S, GANDIK NAc3A-R; BAN£}AL€)R__ "«--s50'-<)o-2' H » REPRESENTED B'£'Cr§'A }3:<9:,1,'131;:z2.' ' sRI.R.sr5£1<;,ARV.,%" '=:;,__ ...PETITIONER (By Sti £51.

1. SIATE 0F.mR§I$TA§:A .2; . V "ski. M. = A 2-& 3 MAJORS sggsna-nx:_<3j;AT No.7

-- 16" M/s.I1\1, VYALIKAVAL BANQALQRE RESPONDENTS AND SR1. N. NARAYAN, ADV, FOR RESPONDENT N02) THIS CRLP FILED U!S.482 CR.P.C BY Tm A1)v0cgy19E:' 'FOR TEE PETITIONER PRAYHVTG THAT ms HONBLE COLTRT .1s.4m' BE PLEASED TO SET ASIDE "am 01293:: DA'IE£:""'2?,i1.,_2e<;1 PASSED BY THE m ADDL. S.J., MAYOHALL, cmiz. s.'1'A'I'IC1~€; * ._ BANGALORE IN CRL.A.NO.I504?!2€)09 c0NF1RmNG*£}m.QRn£R" 1. .V "

DATED 25.3.2000 PASSES BY BANGALORE {N PCR NO.4I4I/99.

following:

Qxnsgg Heard the leaned cq;1;1§;ci_ and so also Mr. Narayan for R-,2,' bgférc coaia.

2. is» both the Courts below have opined thztt 'cilgqtts question was g'v€:n as security, therefore, pttntisimzs ﬁe Negetiabie Instruments Act (for short 'the Act') afé no; atsfactéd.

.. 3. H15 that led to the ﬁling of the revision petition are as .' ' the petiﬁoner-conqalainmag a sum of R3..I(},OG,€K}O!~ "eggs &1at1c~aci iry the complainant to the accused no.1 far production of 3 in Kannada - celour, anti a major portion of the _ ﬁras retmncd Le. Rs.8,5G,{)90f- before rcleairng the picture. 3 " " time was sought for payment of balance amount. However, when This CrI.P coming on for Héaigg ﬂﬁs"d$y, Vti1ej"§f1iaijt"z:;2as!::; the * L' &e cemplainant refused to grant any time, the undated cheque drawn on Canara Bank, Kodanrammuram Branch, Bmgaleyfei ~ over to the complainant. Later on, he againJreqn_ested_. " "

the cheque upto 20.7.1999. Minn' ately insaimc§tic!ts_'cf complainant said to have presented the -cheque' after fer > encashmcnt and the same was 'x3Vwit1'i'e cient funds'. Thereafter, the s!att1tei:f3?"1cgaI'Vi§ot:i.ce" ga;;: §;..1;ave been cent by the complainant. When the matter sivezn statement to take cognizance of.vﬁie«.j_c:ffencet_ alleged by csfnfiiaiaaaxtg the power of attorney of the v§a£s.ic§;x;iia1i1'§cdg'§5rheiein he has stated before the trial Cc'a1?'t*iz1 stategneni o::"22.v3.20co as under:

V "" I' " cf. attorney hoiéer cf the cmnpiahahnmt. '3;Ae£:Iiscd."3;p.'I had issued a cheque for Rs,v1,5O,(4)9{}f}/{¥v:itl§o1zf'vzneii.ticning the date in the cheque, . he'*'wi11__pay the money and take back the juierwaa-as he mm as to mention the date and "

V , pre$eiz;%it4 Vfar"_1encasEuncnL We entered the date in the " "ciieq£1e the cheque for encashmeni througx '"'eu.r The same was rammed unpaid with sham izzeixﬁicicnt funds. Then we sent 3 legai notice to the ; ecccuscd but accused has not paid the chwuc amount. I V heve produced the ca*ig'mal cheque and other documents as per annexure 1 ta 8."

4. Learned tnial Judge based on the sworn statcmcri "29 conclusion that it was a cheque ﬁver: as security : ' £3,150,900/-- and dismissed the complaint o_n;Vh'c_ gx-ousna' €¢'asfgapt ll "

negotiable: instrument which was gvcn cgcistulngl 'oc:"lodcBi.l_:

Aggricved by me same, revision cams' robe rcsfisiona} "

Court and the said Court also disr:1issc(l'Vl4fi2ci'cvlsio::" not a cheque cannot be issued for future flaggtievccl the same. present petition is filed cheque can also be legally cnforccgl of me scction 20 of the Act. He relies decision reported in 1996 {3oi1_ﬁ;"'

5. Bcforc taking learned 1\'.Iag'stratc ougmt to have looked into the ﬁlo complaint in order to road into the actual V' ;n:cani.;1gf:'oi%_'-cimp:wgt of tlicllliiitlcniion of ﬁling the complaint as could w "~g_acx¢.£¢c: ﬁozﬁllﬁzcl' statement before Court. By just referring to me swoon ctatcrnctxﬁrhc to conclusion that the cheque was issued for a _ 'ijxmro dc-ht orga debt which was not in existence. By reading of the entire = . sactcancnt no where indicates that flu': undated cheque was given for I» -.lfutii1jc»'iicbility or futunc debt. It also does not indicate that there was no 'mliéibility as on the date of issuance of cheque by the accused to ﬁre complainant. On the other hand, the sworn statement hdi$$Ié$'*«.£ﬁ'3l accused promised to pay Rs.1,S0,l}OG:'- and take the el1eque_._ = * is nobody's case that accused paid Rs.l,50,000,/- mad eianieelijlol ltVa.l:..ev'baclc.v' ll "

the cheque. It is the case of the co1nplai1i3_:1£ tlzetlzéi 'fl:-e th:;;_'l accused himself he presented the cheque and the elieque wee dlelaonollgell; The contents of the complaint would ﬁzclleate fixatlezxt lof--lQ,0{},GOG/-- loan borrowed by the aecus~es'2,V_ Rs.l',l5l0,Gl)ll/~lVl§9'as still' litleﬂvvwhen ihe cheque was given by the accuseo

6. It is 'meritiori After eervice of notice as contealplateeiyndef of Act, no reply was sent by the t}§§é!e;7 vtI:e§evA3vel%ire1n:;kisl§.z1ees_; even before the accused could appear andgiye 'defelicel ".Cou:rt, the Court has jumped to conclusion _that elieque wes for future debt and therefore, it is " 'no; a xaeﬁotieble was given towards existing liability or 'debt. :S'eetio:1:i of the N1. Act reads as most:

ﬁltxchoate stamped instruments.- Where one eigrls and delivers to smother a paper stamped '3:

AA with the law relating to negotiable instruments '' _ 'the: in force in {India} and either wholly blank or having thereon an incomplete negotiable insmzrmnt, he thereby ﬁves prima facie auﬂxority to the holder thereof to make or complete, as the case may be, upon it a negotiable

-7, Under the circnmstmtces, orders of both the Courts are Sﬁtivéillidlél' The camplain: is restored to ﬁle. The learned Indy shall 7 ~ matte: ﬁom the stage of taking cognizance oftlzgeifencg; " ' ll Accordingly, the petition is allowed. :;_* LCR to the trial Court forthwith.

The compiainani is directed to ﬁfﬁow on 3.8.2069.

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Karnataka High Court