Karnataka High Court
Mrs Sonal S Kalsoor W/O Sanjeev Kalsoor 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:6967
CRL.P No. 101252 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. 101252 OF 2023
BETWEEN:
MRS. SONAL S. KALSOOR,
W/O. DR. SANJEEV KALSOOR,
AGE: 52 YEARS,
R/O:#21 INDRAPRASTHA, AKSHAY COLONY,
GOKUL ROAD, HUBBALLI- 580030.
(REPT 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
CHANDRASHEKAR
PALLIPPURAM POST, DIST: PALAKKAD,
LAXMAN
KATTIMANI
PIN- 679305 KERALA STATE.
ALSO AT:
CEO/ MANAGING PARTNER
Digitally signed by BLACK AND WHITE FIN SOLUTIONS CTS NO.
CHANDRASHEKAR
LAXMAN 3552/72/73 B.2, 1ST FLOOR,
KATTIMANI
Date: 2023.07.15 GURUDEVA LANK MARK, SHIRUR PARK,
11:53:21 -0700
VIDYANAGAR, HUBBALLI -580031,
ALSO AT:
PLOT NO. 20, SHREE SUDHA NILAY,
2ND FLOOR SHREYA PARK 2ND CROSS,
GOKUL ROAD HUBBALLI.
...RESPONDENT
(BY SRI. S.G. KADADAKATTI, ADVOCATE)
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NC: 2023:KHC-D:6967
CRL.P No. 101252 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 IN CC NO. 2411/2021. PRODUCED AT
ANNEXURE-D BY DISMISSING THE APPLICATION FILED BY
THE RESPONDENT/ACCUSED U/SEC. 91 OF CR.P.C.
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 in CC No. 2411/2021 produced at Annexure-D by dismissing the application filed by the respondent/accused u/sec. 91 of CR.P.C."
3. The complainant in C.C.No.2411/2021 is challenging the order dated 01.04.2023 whereby the applicati on filed by the accused-r espondent U/sec.91 -3- NC: 2023:KHC-D:6967 CRL.P No. 101252 of 2023 Cr.P.C. is allowed by the learned trial Magistrate using discretion ary power. The accused in order to strength en hi s defence, sought for summoning of the entire bank statement of the complainant which was allowed by th e impugned order.
4. While the Magistrate was justified in passing the discretionary order, learned trial Magistrate could not have ordered for the summoning of th e entire statement of account of the complainant which is unnecessary for the resolution of the dispute between the parties. Therefore, a case is made out to modify the order.
5. Hence, the following order is passed.
ORDE R The criminal petition is allowed in part.
While maintaining the order of the trial Magistrate which is impug ned in the case, it is mad e clear that the petition er is directed to furnish the s elf-attested statement of an extract of all the -4- NC: 2023:KHC-D:6967 CRL.P No. 101252 of 2023 transactions between the complainant and accused; which shall be received in evidence and trial Magistrate is directed to proceed with the case in accor dance with law.
Sinc e the case is of the year 2021, the trial shall be con cluded on or before 31.10.2023.
Sd/-
JUDGE CLK List No.: 2 Sl No.: 61