Karnataka High Court
M/S Goutham Jewellers vs Sri Pradeep Kumar C N on 11 June, 2018
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2018
BEFORE
THE HON'BLE MR.JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.603 OF 2018
C/W
CRIMINAL PETITION NO.599 OF 2018 C/W
CRIMINAL PETITION NO.600 OF 2018 C/W
CRIMINAL PETITION NO.601 OF 2018 C/W
CRIMINAL PETITION NO.602 OF 2018 C/W
CRIMINAL PETITION NO.604 OF 2018 C/W
CRIMINAL PETITION NO.605 OF 2018 C/W
CRIMINAL PETITION NO.606 OF 2018 C/W
CRIMINAL PETITION NO.607 OF 2018 C/W
CRIMINAL PETITION NO.608 OF 2018 C/W
CRIMINAL PETITION NO.609 OF 2018 C/W
CRIMINAL PETITION NO.610 OF 2018 C/W
CRIMINAL PETITION NO.611 OF 2018 C/W
CRIMINAL PETITION NO.612 OF 2018
CRL.P.NO.603/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
2
AND:
SRI PRADEEP KUMAR C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1536/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.15,10,000/- (RUPEES FIFTEEN LAKHS TEN THOUSAND
ONLY) IMPOSED BY THE TRIAL COURT IN THE JUDGMENT
OF CONVICTION IN C.C.NO.52401/2010, PENDING
ADJUDICATION OF THE CRIMINAL APPEAL NO.1536/2017
PENDING BEFORE LXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU (CCH-68).
CRL.P.NO.599/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
3
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI PRADEEP KUMAR C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1532/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.30,10,000/- IMPOSED BY THE TRIAL COURT IN THE
JUDGMENT OF CONVICTION IN C.C.NO.47967/2010,
PENDING ADJUDICATION OF THE CRIMINAL APPEAL
4
NO.1532/2017 PENDING BEFORE LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68).
CRL.P.NO.600/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI PRADEEP KUMAR C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
5
NO.1533/2017 ON THE FILE OF THE LXVII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU
(CCH-68) BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.15,10,000/- IMPOSED BY THE TRIAL COURT IN THE
JUDGMENT OF CONVICTION IN C.C.NO.11634/2011,
PENDING ADJUDICATION OF THE CRIMINAL APPEAL
NO.1533/2017 PENDING BEFORE LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68).
CRL.P.NO.601/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053.
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI PRADEEP KUMAR C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
6
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1534/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.15,10,000/- (RUPEES FIFTEEN LAKHS TEN THOUSAND
ONLY) IMPOSED BY THE TRIAL COURT IN THE JUDGMENT
OF CONVICTION IN C.C.NO.4033/2011, PENDING
ADJUDICATION OF THE CRIMINAL APPEAL NO.1534/2017
PENDING BEFORE LXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU (CCH-68).
CRL.P.NO.602/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI PRADEEP KUMAR C.N.
S/O LATE NANJUNDAIAH,
7
AGED ABOUT 38 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1535/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.15,10,000/- (RUPEES FIFTEEN LAKHS TEN THOUSAND
ONLY) IMPOSED BY THE TRIAL COURT IN THE JUDGMENT
OF CONVICTION IN C.C.NO.3264/2011, PENDING
ADJUDICATION OF THE CRIMINAL APPEAL NO.1535/2017
PENDING BEFORE LXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU (CCH-68).
CRL.P.NO.604/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
8
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI PRADEEP KUMAR C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1537/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.15,10,000/- (RUPEES FIFTEEN LAKHS TEN THOUSAND
ONLY) IMPOSED BY THE TRIAL COURT IN THE JUDGMENT
OF CONVICTION IN C.C.NO.17256/2011, PENDING
ADJUDICATION OF THE CRIMINAL APPEAL NO.1537/2017
PENDING BEFORE LXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU (CCH-68).
9
CRL.P.NO.605/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI RAJENDRA PRASAD C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 39 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1542/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-68) BY
IMPOSING THE CONDITION DIRECTING THE RESPONDENT
10
TO DEPOSIT IN THE TRIAL COURT A MINIMUM OF 25% OF
THE FINE AMOUNT OF RS.15,10,000/- IMPOSED BY THE
TRIAL COURT IN THE JUDGMENT OF CONVICTION IN
C.C.NO.4034/2011, PENDING ADJUDICATION OF THE
CRIMINAL APPEAL NO.1542/2017 PENDING BEFORE LXVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT
BENGALURU (CCH-68).
CRL.P.NO.606/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI RAJENDRA PRASAD C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 39 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
11
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1543/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.15,10,000/- (RUPEES FIFTEEN LAKHS TEN THOUSAND
ONLY) IMPOSED BY THE TRIAL COURT IN THE JUDGMENT
OF CONVICTION IN C.C.NO.3267/2011, PENDING
ADJUDICATION OF THE CRIMINAL APPEAL NO.1543/2017
PENDING BEFORE LXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU (CCH-68).
CRL.P.NO.607/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI RAJENDRA PRASAD C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 39 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
12
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1544/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.15,10,000/- IMPOSED BY THE TRIAL COURT IN THE
JUDGMENT OF CONVICTION IN C.C.NO.25284/2011,
PENDING ADJUDICATION OF THE CRIMINAL APPEAL
NO.1544/2017 PENDING BEFORE LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68).
CRL.P.NO.608/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
13
AND:
SRI RAJENDRA PRASAD C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 39 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1545/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.15,10,000/- (RUPEES FIFTEEN LAKHS TEN THOUSAND
ONLY) IMPOSED BY THE TRIAL COURT IN THE JUDGMENT
OF CONVICTION IN C.C.NO.11633/2011, PENDING
ADJUDICATION OF THE CRIMINAL APPEAL NO.1545/2017
PENDING BEFORE LXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU (CCH-68).
14
CRL.P.NO.609/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI RAJENDRA PRASAD C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 39 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1546/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
15
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.30,10,000/- (RUPEES THIRTY LAKHS TEN THOUSAND
ONLY) IMPOSED BY THE TRIAL COURT IN THE JUDGMENT
OF CONVICTION IN C.C.NO.48047/2010, PENDING
ADJUDICATION OF THE CRIMINAL APPEAL NO.1546/2017
PENDING BEFORE LXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU (CCH-68).
CRL.P.NO.610/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI RAJENDRA PRASAD C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 39 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
16
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1547/2017 ON THE FILE OF THE LXVII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.15,10,000/- IMPOSED BY THE TRIAL COURT IN THE
JUDGMENT OF CONVICTION IN C.C.NO.17255/2011
PENDING ADJUDICATION OF THE CRIMINAL APPEAL
NO.1547/2017 PENDING BEFORE LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68).
CRL.P.NO.611/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
AND:
SRI RAJENDRA PRASAD C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 39 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
17
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1548/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-68) BY
IMPOSING THE CONDITION DIRECTING THE RESPONDENT
TO DEPOSIT IN THE TRIAL COURT A MINIMUM OF 25% OF
THE FINE AMOUNT OF RS.15,10,000/- IMPOSED BY THE
TRIAL COURT IN THE JUDGMENT OF CONVICTION IN
C.C.NO.52398/2010, PENDING ADJUDICATION OF THE
CRIMINAL APPEAL NO.1548/2017 PENDING BEFORE LXVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT
BENGALURU (CCH-68).
CRL.P.NO.612/2018:
BETWEEN:
M/S.GOUTHAM JEWELLERS
NO.245/1, R.T.STREET,
AVENUE ROAD CROSS,
BENGALURU - 560 053
REPRESENTED BY ITS PROPRIETOR
MR.GOUTHAM CHAND,
S/O LATE MOTILAL. ... PETITIONER
(BY SRI TOMY SEBASTIAN, SENIOR COUNSEL FOR
MR.RENY SEBASTIAN, ADVOCATE)
18
AND:
SRI RAJENDRA PRASAD C.N.
S/O LATE NANJUNDAIAH,
AGED ABOUT 39 YEARS,
RESIDING AT NO.90/1-25,
10TH CROSS, 2ND MAIN,
BMK LAYOUT, VITTAL NAGAR,
BENGALURU - 560 026.
ADDRESS FURNISHED IN THE APPEAL:
NO.84, I G CROSS,
WATER TANK ROAD,
BASAVESHWARNAGAR,
BENGALURU - 560 079. ... RESPONDENT
****
THIS CRL.P IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO MODIFY THE ORDER DATED
08.12.2017 PASSED ON I.A.NO.1 IN CRIMINAL APPEAL
NO.1549/2017 ON THE FILE OF LXVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-68)
BY IMPOSING THE CONDITION DIRECTING THE
RESPONDENT TO DEPOSIT IN THE TRIAL COURT A
MINIMUM OF 25% OF THE FINE AMOUNT OF
RS.30,10,000/- (RUPEES THIRTY LAKHS TEN THOUSAND
ONLY) IMPOSED BY THE TRIAL COURT IN THE JUDGMENT
OF CONVICTION IN C.C.NO.48045/2010, PENDING
ADJUDICATION OF THE CRIMINAL APPEAL NO.1549/2017
PENDING BEFORE LXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU (CCH-68).
THESE CRL.Ps COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
19
ORDER
Heard the learned counsel for the petitioners in all the above said cases.
2. The simple question that is raised by the learned counsel for the petitioners herein is that, the petitioners are the complainants before the trial court, who have filed a complaint under Section-200 of Cr.P.C for the offence punishable under Section-138 of N.I.Act. In all the cases the trial court has convicted the accused/respondent herein for the offence punishable under Section-138 of N.I.Act and imposed fine and compensation.
3. Being aggrieved by the said orders, the respondent therein has preferred several appeals before the Appellate Court in Criminal Appeal Nos.1536 to 1549 of 2017. In the said appeals, the Appellate Court without imposing any condition to deposit atleast 25% of the fine amount has simply suspended the sentence passed by the 20 trial court. Therefore, being aggrieved by the said order the present petitions are filed.
4. The order-sheet discloses that the Appellate Court has heard only the appellant counsel with regard to suspension of sentence and passed orders even without hearing the other side, though the respondent appeared before the Appellate Court. The discretionary order passed by the learned Appellate Court in my opinion cannot be lightly interfered with. However, when the appellate court found that the respondent has appeared before the court, an opportunity ought to have been given to the respondent before passing such an order, with regard to imposition of conditions as prayed by the respondent herein.
5. There is absolutely no application being filed by the respondent seeking imposition of the conditions by narrating the grounds and circumstances under which the court has to imposed such conditions. In the above circumstances, in my opinion it is just and necessary to 21 dismiss these petitions, with liberty to the respondents therein (petitioners herein) to make an application before the Appellate Court seeking indulgence of the Appellate Court for modification of its order. If so, after hearing both the parties, the court can pass appropriate orders by exercising its discretion in accordance with law.
Accordingly, all the petitions are disposed of.
Sd/-
JUDGE JJ