Karnataka High Court
M. Rambabu S/O Rangarao Maddipati vs Excel Crop Care Limited on 11 July, 2023
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2023:KHC-D:6985
CRL.P No. 100446 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100446 OF 2021
BETWEEN:
M. RAMBABU S/O. RANGARAOMADDIPATI,
AGE: 45 YEARS, OCC: PARTNER OF SHRI.
RAMACHANDRA TRADERS,
R/O: GANDHINAGAR, KARATAGI,
TQ: GANGAVATHI,
DIST: KOPPAL -583227.
...PETITIONER
(BY SRI. GIRISH V. BHAT, ADVOCATE)
AND:
EXCEL CROP CARE LIMITED,
R/BY STATE MANAGER,
APMC YARD, AMARAGOL,
CHANDRASHEKAR (SALES AND MARKETING)
LAXMAN
KATTIMANI AND AUTHORIZED SIGNATORY,.
SHAMBU HUKKERI,
Digitally signed by AGE: 45 YEARS,
CHANDRASHEKAR
LAXMAN KATTIMANI R/O: AKSHAY COLONY, 1ST PHASE,
Date: 2023.07.18
11:09:37 -0700 HUBBALLI,
DIST: DHARWAD -580011.
...RESPONDENT
(BY SRI. PRAKASH K. JAWALAKAR, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., SEEKING TO ADMIT THE PETITION, CALL FOR
RECORDS AND QUASH THE IMPUGNED COMPLAINT FILED BY
THE RESPONDENT AGAINST THE PETITIONER FOR THE
ALLEGED OFFENCE UNDER SEC.138 OF N.I. ACT VIDE
ANNEXURE-E AND THE IMPUGNED ORDER OF TAKING
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NC: 2023:KHC-D:6985
CRL.P No. 100446 of 2021
COGNIZANCE DATED 04/12/2019 VIDE ANNEXURE-G AND ALL
FURTHER PROCEEDINGS PURSUANT TO IT IN
C.C.NO.3704/2019 (PRIVATE COMPLAINT NO.875/2019)
PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC,
HUBBALLI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Girish V Bhat, learned counsel for the petitioner and Sri.Prakash K Jawalkar, who has filed power for the respondent - complainant and vakalath is defective. He is permitted to file proper vakalath after affixing the seal within three days from today.
2. This petition is filed under Section 482 of Cr.P.C. with the following prayer:
"To admit the petition, call for records and quash the impugned complaint filed by the respondent against the petitioner for the alleged offence under Sec.138 of N.I. Act vide Annexure-E and the impugned order of taking cognizance dated 04/12/2019 vide Annexure-G and all further proceedings pursuant to it in C.C.No.3704/2019 (Private Complaint No.875/2019) pending on the file of Prl. Civil Judge and JMFC, Hubballi."
3. The petitioner is the accused in C.C.No.3704/2019 arising out of private complaint -3- NC: 2023:KHC-D:6985 CRL.P No. 100446 of 2021 No.875/2019 on the file of Civil Judge (Jr.Dn.) and JMFC, Hubballi. Since the petitioner is one of the partners of Sri.Ramachandra Traders, taking note of the dictum of the Hon'ble Apex Court in the case of Aneeta Hada vs. Godfather Travels and Tours (P) Limited reported in (2012) 5 SCC 661 and also taking note of Section 141 of N.I. Act, the complaint before the trial Court is not maintainable.
4. However, at this stage, Sri.Prakash K Jawalkar submits that the complainant may be permitted to file a fresh petition in accordance with law seeking condonation of delay.
5. In reply, Sri.Girish V Bhat submits that in which event the petitioner - accused may be permitted to oppose the application on merits.
6. Placing the submissions of respective counsels on record, following order is passed: -4-
NC: 2023:KHC-D:6985 CRL.P No. 100446 of 2021 ORDER Criminal petition is allowed. Pending proceedings in C.C.No.3704/2019 on the file of Principal Civil Judge and JMFC, Hubballi arising out of Private Complaint No.875/2019 are hereby quashed.
However, quashing of the proceedings shall not preclude the complainant to file a fresh petition in accordance with law seeking condonation of delay.
If any such petition is filed, the petitioner - firm is at liberty to oppose the same in accordance with law.
The learned trial Magistrate shall entertain the fresh petition and dispose of the same in accordance with law.
Sd/-
JUDGE SH List No.: 2 Sl No.: 1