Karnataka High Court
Sri Badarinarayana Ladda vs Sri Kailashchandra Shahra on 22 January, 2013
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 22ND DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE B.V.PINTO
CRIMINAL APPEAL No.2550/2012
BETWEEN:
SRI BADARINARAYANA LADDA
Age:45 YEARS
S/O NAND KISHORE LADDA
IRON-ORE BUSINESSMAN
PROPRIETOR OF SREENIDHI TRADING COMPANY
R/O NO.345, KIRAN NIVAS
OPP:AIR, HOSPET
...APPELLANT
(BY SHRI K L PATIL, ADV.)
AND:
1. SRI KAILASHCHANDRA SHAHRA
MAJOR IN AGE., CHAIRMAN,
NATIONAL STEEL AND AGRO INDUSTRIES LTD.,
HAVING ITS OFFICE AT NO.401,
MAHAKOSH HOUSE
7/8, SOUTH TUKOGANJ
NATH MANDIR ROAD
INDORE - 432001 (MP)
2. SRI SANTOSH SHAHRA
MANGING DIRECTOR
NATIONAL STEEL AND AGRO INDUSTRIES LTD
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HAVING ITS OFFICE AT NO.401,
MAHAKOSH HOUSE,
7/8 SOUTH TUKOGANJ
NATH MANDIR ROAD
INDORE - 432001 (MP)
3. SRI P SRIKRISHNA
WHOLE TIME DIRECTOR
NATIONAL STEEL AND AGRO INDUSTRIES LTD
HAVING ITS OFFICE AT NO.401,
MAHAKOSH HOUSE,
7/8 SOUTH TUKOGANJ
NATH MANDIR ROAD
INDORE - 432001 (MP)
4. SRI P D NAGAR
DIRECTOR
NATIONAL STEEL AND AGRO INDUSTRIES LTD
HAVING ITS OFFICE AT NO.401,
MAHAKOSH HOUSE,
7/8 SOUTH TUKOGANJ
NATH MANDIR ROAD
INDORE - 432001 (MP)
5. SRI NAVNEET ZALANI
DIRECTOR
NATIONAL STEEL AND AGRO INDUSTRIES LTD
HAVING ITS OFFICE AT NO.401,
MAHAKOSH HOUSE,
7/8 SOUTH TUKOGANJ
NATH MANDIR ROAD
INDORE - 432001 (MP)
6. SRI NAVIN KHANDELWAL
DIRECTOR
NATIONAL STEEL AND AGRO INDUSTRIES LTD
HAVING ITS OFFICE AT NO.401,
MAHAKOSH HOUSE,
7/8 SOUTH TUKOGANJ
NATH MANDIR ROAD
INDORE - 432001 (MP)
7. SRI ASHOK K AGARWAL
SECRETARY
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NATIONAL STEEL AND AGRO INDUSTRIES LTD
HAVING ITS OFFICE AT NO.401,
MAHAKOSH HOUSE,
7/8 SOUTH TUKOGANJ
NATH MANDIR ROAD
INDORE - 432001 (MP)
8. SRI VISHWANATH KHANDELWAL
DEPUTY GENERAL MANAGER
NATIONAL STEEL AND AGRO INDUSTRIES LTD
HAVING ITS OFFICE AT NO.401,
MAHAKOSH HOUSE,
7/8 SOUTH TUKOGANJ
NATH MANDIR ROAD
INDORE - 432001 (MP)
9. THE STATE OF KARNATAKA
BY ITS STATION HOUSE OFFICER
BADAVANE POLICE STATION
HOSPET
...RESPONDENTS
(BY SRI K.S.PATIL, HCGP. FOR R9)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF
CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED 06.01.2009 PASSED
IN THE CASE ORDERING ACQUITTAL OF RESPONDENTS 1 TO 8,
PRESUMABLY, ON THE BASIS OF THE COMPROMISE PETITION SAID
TO HAVE BEEN FILED BY THE PARTIES TO THE CASE AND FURTHER
BE DIRECT THE TRIAL MAGISTRATE TO PROCEED WITH THE CASE
AGAINST RESPONDENTS 1 TO 8, IN ACCORDANCE WITH LAW, FOR
THE OFFENCES COMPLAINED AGAINST THEM AND ETC.
THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING: -
JUDGMENT
This appeal is filed challenging the order dated 06.01.2009 passed by the Additional Sessions Judge and -4- JMFC, Hospet, acquitting the accused / respondent Nos.1 to 8 of the offences punishable under Sections 405, 406, 415, 420 r/w. Section 120B IPC.
2. It is the case of the appellant that based on the private complaint filed by the appellant herein, the matter was referred to the Extension Police Station, Hospet for investigation of the aforesaid offences. After completion of the investigation, charge sheet came to be filed against eight accused and the case is registered as C.C.No.2503/2008. The learned Magistrate took cognizance of the offence and issued process to the accused. On 28.11.2008, the case was adjourned to 16.01.2009 for appearance of the accused. However on 06.01.2009, the case came to be advanced from its original hearing date and it was recorded in the order sheet that both the parties to the case were present and filed an application stating that the matter has been settled between them. Thereafter, the present impugned order came to be passed acquitting the accused by accepting the application under Section 320 of Cr.P.C.
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3. Heard Sri K.L.Patil, learned Counsel for the appellant and Sri K.S.Patil, learned High Court Government Pleader for the State.
4. It is submitted by the learned Counsel for the appellant that though the appellant was present in the Court, none of the accused except accused No.9 were present. It is his submission that the appellant was forced to sign the compromise memo by the police attached to Badavane Police Station for the purpose of settling the matter before the Lok Adalath and he has signed the compromise agreement unwillingly and all accused except No.9 were absent before the Court on the date of the order. Hence, the compromise has been effected and the said application was accepted against his will and the learned Counsel for the appellant submits that the appellant does not know reading and writing of Kannada language. Hence, he prays that the appeal may be allowed.
5. Though once the matter is settled before the Lok Adalath and the complainant is present and says that the -6- matter is settled, this Court would not interfere with the order of the learned Magistrate, having regard to the peculiar circumstances of this case, more particularly the fact that the matter was posted to 16.01.2009, the same was advanced to 06.01.2009 and the accused were absent before the Court and having regard to the further submission that the appellant was forced to sign the compromise memo and the compromise effected is not genuine, the order passed on the basis of the compromise memo requires to be set aside. Hence, the following order is passed:-
a. The appeal is allowed.
b. The order dated 06.01.2009 recording the compromise of the petitioner by the learned Magistrate is hereby set aside. The matter is remanded back to the court with a direction to deal with the case in accordance with law.
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JUDGE -7- After passing of the above order, it was noticed that the order sheet dated 12.12.2008 on the file of the learned Magistrate reads as follows:-
"In view of the Telephone message received from the Hon'ble Principal District and Sessions Court, Bellary to dispose of the above case before 31.12.2008, this case is taken on this day's board.
Issue Court notice to accused and victims to appear before Lok-Adalath on 12.12.2008."
Since it is strange that the Sessions Judge has telephocially instructed this case to be closed, the matter was posted for being spoken to on 24.1.2013. On 24.1.2013, this Court directed the appellant to be present on 30.1.2013. Today, the following proceedings are recorded:
BVPJ: Crl.A.No.2550/2012
30/01/2013 ORDER ON BEING SPOKEN TO The appellant - Shri Badarinarayana Ladda is present before the Court.
On questioning him in Hindi language, he has stated that whatever mentioned in the petition is true. He submits -8- that he was forced by the Police to come to the Police Station and thereafter, he was taken to the Court and he was made agree to compromise the case against his Will and without his consent.
Call on 31.1.2013 for 'being spoken to'.
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JUDGE BVPJ: Crl.A.No.2550/2012 31/01/2013 ORDER ON BEING SPOKEN TO In view of the above proceedings, it is observed that the learned Sessions Judge has telephonically directed the learned Magistrate to close the case, which involve huge amounts of money. Hence, the Registrar General is directed to conduct an enquiry as to under what circumstances, the learned Sessions Judge could direct the learned Magistrate to close the case and the learned Magistrate has closed the case without the presence of the accused and by forcing the complainant to accept the compromise. -9-
The office is directed to send the file to the Principal Bench after issuing certified copy to the parties.
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JUDGE nvj/Vnp*