Rajesh R Nair vs Shivananda Naik on 8 January, 2025

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Supreme Court - Daily Orders

Rajesh R Nair vs Shivananda Naik on 8 January, 2025

Bench: Pankaj Mithal

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                                                                                        SLP(Crl.) No. 3850/2022



                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL APPEAL NO(s).       OF 2025
                                  (Arising out of SLP(Crl.) No.3850/2022)


                         RAJESH R NAIR                                       APPELLANT(S)

                                                      VERSUS

                         SHIVANANDA NAIK                                     RESPONDENT(S)

                                                      ORDER

Leave granted.

Heard learned counsel for the parties.

Two cheques for a total sum of Rs.21,00,000/-(Rupees twenty-one lakhs) issued by the appellant were dishonored. Thereupon, proceedings under Section 138 of the Negotiable Instruments Act, 1881 were initiated. The defence of the appellant was struck off for non deposit of the amount and the appellant was convicted and asked to pay a sum of Rs.21,00,000/-(Rupees twenty- one lakhs) by the Trial Court, failing which, he was to undergo imprisonment for three months.

The aforesaid order has been affirmed in appeal by the Appellate Court as also in the revision by the High Court.

Signature Not Verified

Digitally signed by SNEHA DAS Date: 2025.01.10 17:34:21 IST

On the present appeal being preferred, this Reason: Court directed the appellant to deposit a sum of Rs. 8,00,000/-(Rupees eight lakhs) with the Trial 2 SLP(Crl.) No. 3850/2022 Court within a period of four weeks probably with the intention that once the said amount is deposited, the matter may be reheard on merits before the Trial Court.

The appellant in compliance with the above order has already deposited a sum of Rs. 8,00,000/- (Rupees eight lakhs), as directed. It is submitted that the appellant has further deposited a sum of Rs. 4,00,000/-(Rupees four lakhs) as per the direction of the Appellate Court and therefore, a total of Rs. 12,00,000/-(Rupees twelve lakhs) has already been deposited by him.

The submission is that in view of the above deposits, the appellant may be permitted to contest the matter on merits after setting aside the orders of conviction.

Taking equitable view of the matter, since the appellant has been convicted without affording him proper opportunity to defend himself, in the ends of justice, we set aside the impugned order passed by the High Court dated 28.02.2022 as also the order of the Appellate Court dated 04.03.2021 and the order of the Trial Court dated 15.02.2019. The Trial Court is directed to allow the appellant an opportunity to lead evidence and to decide the matter on merits in accordance with law, most 3 SLP(Crl.) No. 3850/2022 expeditiously, preferably within a period of six months.

The amount already deposited by the appellant shall be invested in a Fixed Deposit with the nationalized bank. However, the respondent is at liberty to apply for the release of the same, which may be considered if the respondent furnishes adequate indemnity for the purpose.

The present appeal is allowed in the above terms.

Pending application(s), if any, shall stand disposed of.

…………………………………………………...J. [PANKAJ MITHAL] …………………………………………………...J. [AHSANUDDIN AMANULLAH] NEW DELHI;

JANUARY 08, 2025.

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                                                           SLP(Crl.) No. 3850/2022



ITEM NO.6                 COURT NO.16                   SECTION II-C

                 S U P R E M E C O U R T O F       I N D I A
                         RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No. 3850/2022 [Arising out of impugned final judgment and order dated 28-02-2022 in CRLRP No. 492/2021 passed by the High Court of Karnataka at Bengaluru] RAJESH R NAIR Petitioner(s) VERSUS SHIVANANDA NAIK Respondent(s) (IA No. 61165/2022 - EXEMPTION FROM FILING O.T. IA No. 79332/2022 - EXTENSION OF TIME) Date : 08-01-2025 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Zulfiker Ali P. S, AOR Mr. Lakshmi Sree P., Adv.

Ms. Lebina Baby, Adv.

For Respondent(s) Mr. Aljo K. Joseph, AOR Mr. Prasoon Kumar, Adv.

Mr. Dushyant Chaudhary, Adv. Mr. Ashok Kumar Dhiriyan, Adv. Mr. Aditya Chaudhary, Adv.

UPON hearing the counsel the Court made the following O R D E R The present appeal is allowed in terms of the signed order which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

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