Karnataka High Court
Mr.Tokola Madhusudan vs G Anil Kumar on 12 March, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:10017
CRL.P No. 3611 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 3611 OF 2018 (482)
BETWEEN:
MR.TOKOLA MADHUSUDAN
S/O. T. SIDDHAIAH,
AGE 45 YEARS,
PROP: MIRACLE MEDIA VISION,
R/AT. #24/2, ANU K. NILAYA,
SKID LAYOUT, K. NARAYANAPURA,
BENGALURU - 77.
...PETITIONER
(BY SRI. H MALATESH.,ADVOCATE)
AND:
G ANIL KUMAR
S/O. G. RAMANNA,
AGE 36 YEARS,
R/AT # 14, SHARAVATHI NILAYA,
KEMPAIAH LAYOUT,
Digitally signed RMV 2ND STAGE, SANJAY NAGAR,
by BENGALURU - 94.
NARAYANAPPA
LAKSHMAMMA
...RESPONDENT
Location: HIGH (BY SRI. VIJAY KASHYAB .,ADVOCATE)
COURT OF
KARNATAKA
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING
TO QUASH THE ORDER DATED 02.05.2018 PASSED BY THE 15TH
A.C.M.M., AT BANGALORE IN C.C.NO.28840/2016 AND
CONSEQUENTLY QUASH THE PROCEEDINGS IN C.C.NO.28840/2016
ON THE FILE OF THE 15THE ACMM AT BANGALORE AND ETC.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 3611 of 2018
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a. Quash the order dated 02.05.2018 passed by the 15th ACMM at Bengaluru in C.C.No.28840/2016, and consequently quash the proceedings in C.C.No.28840/2016 on the file of 15th ACMM at Bengaluru and b. Grant such other and further reliefs as this Hon'ble may deem fit to grant under the circumstances of the case, in the interest of justice and equity.
2. Respondent had filed a private complaint in PCR No.13855/2016 which came to be registered as C.C.No.28840/2016 after recordal of sworn statement before XII ACMM MACT, Bangalore for offenses punishable under Section 138 of the Negotiable Instruments Act.
3. The allegation made therein was that a cheque for an amount of Rs.3,00,000/- had been dishonored for the reason of insufficiency of funds.
4. In the said proceedings, both the parties filed a joint memo, the petitioner agreeing to make payment of a sum of Rs.3,50,000/- within six months of the joint -3- NC: 2024:KHC:10017 CRL.P No. 3611 of 2018 memo which was filed on 23.9.2017. The petitioner not making payment of said amount within the said time frame but having made payment of the amounts by 8.5.2018. In the meanwhile, on 2.5.2018, on an application made by the respondent, a Fine Levy Warrant (FLW) and None-Bailable Warrant (NBW) came to be issued to the petitioner. It is challenging the same, that the petitioner is before this Court.
5. The respondent though served and represented by the counsel. None appears for the respondent today.
6. A perusal of the documents would indicate that there is a settlement arrived at between the petitioner and the respondent for sum of Rs.3,50,000/- which has been paid by the petitioner as under;
Sl. Date Amount
No.
i. 25.4.2018 Rs.50,000/-
ii. 26.4.2018 Rs.50,000/-
iii. 5.5.2018 Rs.50,000/-
iv. 7.5.2018 Rs.1,00,000/-
v. 8.5.2018 Rs.1,00,000/-
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CRL.P No. 3611 of 2018
7. The last three payments though paid post the issuance of the FLW, it remains undisputed that the said payment has indeed been made by the petitioner.
8. If that be so, the FLW cannot continue to be in force.
An interim order earlier having been granted in the present matter, the execution of the FLW and NBW had been stayed. In that view of the matter, I pass the following;
ORDER i. The Criminal Petition is allowed. ii. The order dated 2.5.2018 passed by the 15th ACMM, Bangalore in C.C.No.28840/2016 issuing FLW and NBW against the petitioner is quashed.
Sd/-
JUDGE SR/List No.: 1 Sl No.: 10