Karnataka High Court
Shri K A Kodandarama vs Sri B V Papanna on 17 February, 2020
Equivalent citations: AIRONLINE 2020 KAR 421
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION No.2624/2019
BETWEEN:
Shri K.A.Kodandarama
S/o B.Adimurthy
Aged about 63 years
R/o K.T.Venkatappa Building
Next to Traffic Police Station
Old Madras Road, K.R.Puram,
Bengaluru-560 036.
...Petitioner
(By Sri Mohd. Usman Shaikh, Advocate)
AND:
Sri B.V.Papanna
S/o late Venkataswamy
Aged about 59 years
R/at Byranahalli
Kasaba Hobli, Malur Taluk
Kolar District-563 130.
...Respondent
(By Sri Akshay Ravindra Prabhu, Advocate for
Sri Reny Sebastian, Advocate)
This Criminal Petition is filed under Section 482 of
Cr.P.C praying to transfer the PCR No.259/2013 now
C.C.No.91/2019 pending on the Board of I Additional Civil
Judge and JMFC, Kolar, between Sri K.A.Kodandaram V/s.
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B.V.Papanna, filed under Section 200 of the Code of
Criminal Procedure for the offences punishable under
Sections 467, 471 and 420 of IPC to the Hon'ble 1st
Additional Chief Judicial Magistrate, Bengaluru and also
may be pleased to direct to the Hon'ble 1st Additional Chief
Judicial Magistrate, Bengaluru.
This Criminal Petition coming on for Admission this
day, the Court made the following:-
ORDER
Heard the learned counsel appearing for the petitioner and the respondent.
Though this case is listed for admission, with consent of the learned counsel appearing for the parties, same is taken up for final disposal.
2. This petition has been filed by the petitioner - complainant under Section 407 of Cr.P.C. praying to transfer PCR No.259/2013 (CC No.91/2019) pending on the file of First Additional Civil Judge and JMFC, Kolar, filed for the offences punishable under Sections 467, 471 and 420 of Indian Penal Code to the First Additional Chief Judicial Magistrate, Bengaluru Rural District. -3-
3. A private complaint was filed by the petitioner for having forged the documents and cheated the petitioner in respect of Sy.No.41/2 of Bhattarahalli Village. Subsequently, another complaint was filed and alleged that by forging the said documents they have also taken out the amount of Rs.40,00,000/-. In that light, investigation has been conducted and charge sheet has been filed in C.C.No.1299/2007 for the offences punishable under Sections 447, 427, 504, 143 and 149 of Indian Penal Code. The said case is pending before the I Additional Chief Judicial Magistrate, Bengaluru Rural District.
4. It is the submission of the learned counsel for the petitioner that though these two complaints have been filed on different places, the documents pertaining to the forgery and use of the forged documents are one and the same and in order to substantiate the said fact and for proving of the said documents, the said case if it is heard and decided by one and the same Court, it is going to cause no hardship to either of the parties to the proceedings. It is his further -4- submission that petitioner has approached this Court by filing a criminal petition under Section 482 of Cr.P.C. in Criminal Petition No.4679/2015. Co-ordinate Branch while passing the order dated 6.6.2018 has made an observation that, on a similar allegation charge sheet has already been filed and the case is now pending before the First Additional Chief Judicial Magistrate, Bengaluru Rural District. In order to avoid conflict of judgments and also to facilitate the accused persons to appear in both the cases before the same Court, it is just and necessary to direct the complainant to seek for transfer of the case and in pursuance of the said order the present petition has been filed. It is his further submission that in order to meet the ends of justice, if the case is transferred from one place, there will not be any conflict of decision. On these grounds he prayed to allow the petition.
4. The learned counsel for the respondent accused vehemently argued and submitted that he has no objection to transfer the said case, but in order to avoid the conflict -5- of decision, same could not be heard on the same day. Otherwise it may cause confusion in conducting the case. On these grounds he prayed to pass a reasonable order.
5. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
6. On perusal of the records it appears that the petitioner-complainant has approached this Court and this Court by order dated 6.6.2018 has made an observation that in order to avoid conflict of judgment and also to facilitate the accused persons to appear in both the cases before the same Court, it is just and necessary to transfer the case from First Additional Civil Judge and JMFC, Kolar to First Additional Chief Judicial Magistrate Court, Bengaluru Rural District and there is no dispute that a document is produced in both the cases are one and the same and when that being the case, I am also of the considered opinion that if the said cases are heard and decided by one Court, then it will be convenient for both -6- the parties and it is going to meet the ends of justice and there will be no conflict of decisions.
7. Though the learned counsel for the respondent contended that the said case be heard on different dates, this Court is of the opinion that discretion may be given to the Court below to heard the cases to his own convenience. However, it is observed that in order to avoid conflict of decisions, both the cases are heard and thereafter the judgment may be pronounced on one and the same day.
8. With the above observation, the petition is allowed and P.C.R.No.259/2013 (C.C.No.19/2019) pending on the file of First Additional Civil Judge and JMFC, Kolar is hereby withdrawn and the same has been transferred to First Additional Chief Judicial Magistrate, Bengaluru Rural District to dispose of the same in accordance with law as observed.
Sd/-
JUDGE *AP/-