Karnataka High Court
G Suresh @ Boggu Suri vs Manjunath B on 23 February, 2023
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No. 1535 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1535 OF 2023
BETWEEN:
1. G SURESH @ BOGGU SURI
S/O RAMANNA
AGED ABOUT 48 YEARS
OCC-AGRICULTURIST,
R/O PALAVALLI VILLAGE,
NAGALAMADIKE HOBLI,
PAVAGADA TALUK,
TUMAKURU DISTRICT-561202.
AND ALSO R/AT OPP TEACHER VENKATASWAMY HOUSE,
NEAR MARAMMA TEMPLE,
PENUKONDA ROAD,
PAVAGADA TOWN,
PAVAGADA TALUK,
TUMAKURU DISTRICT-561202.
...PETITIONER
(BY SRI. P.B. UMESH, ADVOCATE FOR
SRI. R.B. DESHPANDE.,ADVOCATE)
Digitally signed by
BHAVANI BAI G
Location: High
AND:
Court of Karnataka
1. MANJUNATH B
S/O LAKSHMINARAYANA
AGED ABOUT 59 YEARS,
OCC: BUSINESS,
R/O VENKATAMMANAHALLI VILLAGE,
NAGALAMADIKE HOBLI,
PAVAGADA TALUK,
TUMAKURU DISTRICT-561 202.
...RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
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CRL.P No. 1535 of 2023
CRL.MISC.NO.50/2022 PENDING ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, PAVAGADA, TUMKURU (FILED U/S 357,421 OF
CRPC).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Looking to the facts and circumstances of the case, issuance of notice to the respondent is hereby dispensed with.
2. This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing the order of issuing FLW by the trial Court in Crl.Misc.No.50/2022 under Section 357 and 421 of Cr.P.C., pending on the file of the Senior Civil Judge and JMFC, Pavagada, Tumakuru.
3. Heard the learned counsel for the petitioner and learned counsel for the respondent.
4. The case of the petitioner is that the petitioner is an accused facing the trial proceedings against him for the offence punishable under Section 138 of N.I. Act and during the evidence of the respondent-accused in defence evidence, the complainant filed application under Section 143A of N.I. Act for granting interim compensation. The trial Court granted 20% of the compensation and it was not paid by the accused. Hence, -3- CRL.P No. 1535 of 2023 the complainant filed Miscellaneous case for recovery and the trial Court without given an opportunity to the petitioner, issued FLW against him which is under challenge.
5. Having heard the arguments and on perusal of the records, admittedly, the petitioner has not pleaded guilty when the case was taken up by the Magistrate for the offence punishable under Section 138 of N.I. Act. Thereafter, the complainant examined himself as witness, marked documents and the case is posted for defence evidence. Of course, there was delay in filing the application under Section 143A of N.I. Act. But there is no bar for filing the application even in the middle of the proceedings for granting interim compensation as provided under Section 143A of N.I. Act. The order also passed at the presence of this accused and it was not challenged immediately, but after non payment of the interim compensation, the complainant forced to file recovery proceedings under Section 421 of Cr.P.C. and in that recovery proceedings, FLW was issued. Once the petitioner is facing the trial before the same Court and he is knowingly not paid the compensation within 60 days provided under Section 143A, he has no option to pay the amount, if he has not challenged -4- CRL.P No. 1535 of 2023 before the Appellate Authority. Such being the case, this Court in catena of decisions, has held, the proceedings cannot be stayed with the amount of interim compensation not deposited by the accused and it has to be recovered in accordance with law as per the provisions of Section 421 read with Section 431 of Cr.P.C. Therefore, the trial Court has rightly extended the power under Sections 431 and 421 of Cr.P.C. and issued FLW for recovery of the amount. There is no illegality or error committed by the trial Court in passing such an order.
6. Therefore, the petition is devoid of merits and liable to be dismissed.
7. Accordingly, the petition is dismissed.
8. In view of disposal of the main petition, pending I.A.No.1/2023 does not survive for consideration and the same is disposed of.
Sd/-
JUDGE GBB List No.: 1 Sl No.: 42