Karnataka High Court
Sri. Sokkara Chandrappa vs Sri. B.S. Anandappa, on 29 March, 2019
Author: K.Natarajan
Bench: K.Natarajan
Crl.R.P.783/2014
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH, 2019
BEFORE
THE HON'BLE MR.JUSTICE K.NATARAJAN
CRIMINAL REVISION PETITION NO.783/2014
BETWEEN
Sri Sokkara Chandrappa
S/o Basappa
Aged about 47 years
Agriculturist
Proprietor of
Shiva Finance
R/at Kechenahalli Village
Hoskere Hobli, Near Sokke
Jagalur Taluk
Davangere District - 577 528.
... Petitioner
(By Sri Balaraj A.C., Advocate)
AND
Sri B. S. Anandappa
S/o. Shivarudrappa
Aged about 66 years
R/o. Kalleshwara Nilaya
J.C.R. Badavane
Jagalur Town - 577 258.
Since dead by LRs
1(a) Smt. Gangamma
W/o. late B. S. Anandappa
Aged about 65 years
1(b) Sri Devaraja
S/o. late B. S. Anandappa
Aged about 38 years
Crl.R.P.783/2014
2
1(c) Sri Siddesh
S/o. late B. S. Anandappa
Aged about 35 years
All are r/at
Kalleshwara Nilaya
J.C.R. Badavane
Jagalur Town - 577 258.
... Respondents
(By Sri Praneeth, Advocate for
Sri Vighneshwar S. Shastri, Advocate)
This Criminal Revision Petition is filed under Section
401 of Cr.P.C. praying to set aside the judgment passed in
C.C.No.489/2008 dated 30.11.2012 by the JMFC, Jagalur
and the judgment passed by the I Additional District and
Sessions Judge, Davanagere in Crl.A.No.135/2012 dated
12.08.2014 and etc.
This Criminal Revision Petition coming for Admission on
this day, the court made the following:
ORDER
Heard the learned counsel for the petitioner as well as the respondents. Perused the order dated 12.08.2014 passed by the Court of I Additional District and Sessions Judge, Davanagere in Crl.A.No.135/2012 dismissing the appeal.
2. The respondent-complainant has filed the complaint before the trial Court in C.C.No.489/2008 under Section 138 of the Negotiable Instruments Act, 1881 against the appellant for dishonouring of cheque of Rs.2,00,000/-. Crl.R.P.783/2014 3 The trial Court by its order dated 30.11.2012 convicted the accused/petitioner herein and sentenced to pay the cheque amount of Rs.2,00,000/- within three months from the date of the order. Aggrieved by the said judgment, petitioner- accused preferred an appeal in Crl.A.No.135/2012 before the Court of I Additional District and Sessions Judge, Davanagere.
3. Learned counsel for the petitioner-accused submits that the when matter was posted for arguments, both the learned counsel for the parties have filed their written arguments and the matter was adjourned for oral arguments. On the next date of hearing, the case was posted for judgment by mentioning that oral arguments was not addressed. Again on the next date of hearing, by mentioning further arguments as heard and posted the matter for judgment. Instead of passing the judgment on merits, the first appellate Court dismissed the appeal without giving any reason for non-prosecution. Therefore, the learned counsel for the petitioner-accused contended that the order of the first appellate Court is erroneous, illegal and the same is liable to be set aside.
Crl.R.P.783/20144
4. Learned counsel for the respondent-complainant also fairly admits that the first appellate Court has committed an error in dismissing the appeal without considering the appeal on merits.
5. On perusal of order sheet of the first appellate Court, it reveals that the learned counsel for the appellant/petitioner herein has filed a written arguments on 20.06.2013 along with one citation. Thereafter, the case was adjourned to 25.07.2013 and later it was called on 27.09.2013 and on the same day, learned counsel for the respondent filed written arguments and case was adjourned to 16.11.2013 for oral arguments. On 16.11.2013, it was stated that oral arguments not addressed and posted the matter for judgment on 05.12.2013. But order sheet reveals that on 05.12.2013, it was mentioned that judgment was not ready and it was adjourned to 31.12.2013. On 13.12.2013, again it was mentioned that judgment was not ready and adjourned to 09.01.2014. On 09.01.2014, it is stated that further arguments heard and posted the matter for judgment. But no judgment was delivered till 12.08.2014. But on Crl.R.P.783/2014 5 12.08.2014 it was mentioned that case called out, absent, no representation, hence the appeal is dismissed. Hence, first appellate Court has committed an error in dismissing the appeal without considering the case on merits though the written arguments of both side were filed.
6. The order sheet of the first appellate Court goes to show that though the written arguments came to be filed in June, 2013 and September, 2013 by the parties, the first appellate Court has not at all delivered the judgment for almost one year, that itself is against the procedure under Chapter XXVII of Code of Criminal Procedure. The appellate Court which dismisses the appeal summarily, shall follow the provision of Section 384 of Cr.P.C. When the appeal is not dismissed summarily, it shall follow the provision of Section 385 of Cr.P.C. But the first appellate Court failed to follow any of the procedure. Therefore, the order under appeal passed by the first appellate Court is required to be set aside.
Accordingly, revision petition is allowed. The order of dismissal dated 12.08.2014 passed by the first appellate Court is hereby set aside.
Crl.R.P.783/20146
The matter is remanded back to the first appellate Court with a direction to deliver the judgment on merits by following the procedure under Sections 384 or 385 of Cr.P.C. However, if the Court requires, to hear the oral arguments, if any and dispose off the matter in accordance with law.
Office is directed to re-transmit the LCR to the first appellate Court immediately.
Parties to the appeal are hereby directed to appear before the first appellate Court on 10.06.2019 without any further notice.
Sd/-
JUDGE SN