Karnataka High Court
Mrs Sonal P Kalsoor W/O Dr Sanjeev ... vs Mr Manikandan Kuttah S/O Gopalan Nair on 10 July, 2023
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2023:KHC-D:6966
CRL.P No. 101253 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101253 OF 2023
BETWEEN:
MRS. SONAL P. KALSOOR,
W/O. DR. SANJEEV KALSOOR, AGE: 52 YEARS,
R/O:#21 INDRAPRASTHA, AKSHAY COLONY,
GOKUL ROAD, HUBBALLI -580030,
(REP BY GPA HOLDER DR SANJEEV KALSOOR)
...PETITIONER
(BY SMT. SUNITHA P. KALASOOR, ADVOCATE)
AND:
MR. MANIKANDAN KUTTAH S/O. GOPALAN NAIR,
R/O: KUTTAH HOUSE, PARUTHUR SHORANUR
PALLIPPURAM POST, DIST: PALAKKAD,
PIN: 679305, KERALA STATE.
CHANDRASHEKAR
LAXMAN ALSO AT:
KATTIMANI
CEO/ MANAGING PARTNER
BLACK AND WHITE FIN SOLUTIONS,
Digitally signed by CTS NO 3552/72/73 B-2,
CHANDRASHEKAR
LAXMAN 1ST FLOOR GURUDEVA LAND MARK,
KATTIMANI SHIRUR PARK, VIDYANAGAR,
Date: 2023.07.15
11:53:30 -0700 HUBBALLI- 580031.
ALSO AT:
PLOT NO.20, SHREE SUDHA NILAYA,
2ND FLOOR, SHREYA PARK 2ND CROSS,
GOKUL ROAD, HUBBALLI- 580030.
...RESPONDENT
(BY SRI. S.G. KADADAKATTI, ADVOCATE)
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NC: 2023:KHC-D:6966
CRL.P No. 101253 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED ORDER
DATED 01.04.2023 PASSED BY 3RD JMFC COURT AT HUBBALLI
WHICH IS PENDING ON THE FILE OF CC NO. 2411/2021
PRODUCED AT ANNEXURE-D BY ALLOWING THE APPLICATION
FILED BY THE PETITIONER U/SEC. 143(a) OF NI ACT AND
ISSUE SUCH OTHER ORDER OR TO ISSUE SUCH OTHER
DIRECTION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Smt.Sunita P.Kalasoor, learned counsel for the petitioner and Sri S.G .Kadadakatti, learned cou nsel for the respondent. Perused the records on admission.
2. The pres ent petition is filed under Section 482 of Cr.P.C. with the following prayer :-
"To set aside the impugned order dated 01.04.2023 passed by 3rd JMFC Court at Hubballi which is pending on the file of CC No. 2411/2021 produced at Annexure-D by allowing the application filed by the petitioner u/sec. 143(a) of -3- NC: 2023:KHC-D:6966 CRL.P No. 101253 of 2023 NI Act and issue such other order or to issue such other direction."
3. The petitioner is the complainant. The petitioner fil ed an application under Section 143(a) of the Negotiable Instrument Act which was rejected by the trial Court by impugned order passed in C.C.No.2411/2021.
4. After hearing Smt. Sunita P.Kalasoor and Sri S.G.Kadadakatti, taking note of the rival con tentions of the parties, this court is of the con sidered opinion that if the accused is directed to furnish the bank guarantee to the tune 20% of the cheque amount, the ends of justice would be met.
5. Accordingly, the following order is passed.
ORDE R The criminal petition is allowed in part.
Respondent-accused is directed to furnish bank gu arantee to the extent of 20% of the cheque a mount as is -4- NC: 2023:KHC-D:6966 CRL.P No. 101253 of 2023 contemplated U/ sec.143 of the Negotiable Instruments Act. The furnishing of the bank guarantee is a condition preced ent for the acc used's further participation in the trial.
Ordered a ccordingly.
Sd/-
JUDGE CLK List No.: 2 Sl No.: 62