Smt M C Lalitha vs Smt N M Gowramma on 7 April, 2015

[Cites 3, Cited by 5]

Karnataka High Court

Smt M C Lalitha vs Smt N M Gowramma on 7 April, 2015

Bench: A.N.Venugopala Gowda

                             1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF APRIL, 2015

                        BEFORE

THE HON'BLE MR. JUSTICE A.N.VENUGOPALA GOWDA

          CRIMINAL PETITION NO.6732/2014
BETWEEN:

SMT. M.C. LALITHA
W/O SRI BHYRAPPA
AGED ABOUT 40 YEARS
R/O MAVINAKERE VILLAGE
DABBEGHATTA HOBLI
TURUVEKERE TALUK
TUMKUR DISTRICT - 572 227.
                                           ... PETITIONER

(BY SRI C.R. GOPALASWAMY, ADV.)

AND:

SMT. N.M. GOWRAMMA
W/O SRI SHESHAPPA
AGED ABOUT 35 YEARS
R/AT NO.4, 3RD CROSS
K.R. LAYOUT, PUTTENAHALLI
MAIN ROAD, J.P.NAGAR, 6TH STAGE
BANGALORE - 560 078.
                                          ... RESPONDENT

      THIS CRL.P. IS FILED UNDER SECTION 482 CR.P.C.
PRAYING TO QUASH THE ORDER DATED 05.09.2014 VIDE
C.C.NO.630/2013 PENDING ON THE FILE OF THE C.J. AND JMFC,
TURUVEKERE AND THEREAFTER PERMIT THE PETITIONER TO
RE-FILE THE COMPLAINT BEFORE THE C.J. AND JMFC,
TURUVEKERE TO TRY THE SAME FROM THE STAGE WHERE IT
WAS ORDERED TO BE RETURNED.
                                   2



    THIS CRL.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:

                           ORDER

Petitioner presented a complaint on 13.09.2013, under Section 200 of Cr.P.C. against the respondent, for the alleged offence punishable under Section 138 of N.I. Act. Cognizance was taken for the offence under Section 138 of the Act and after recording of sworn statement, C.C.No.630/2013 was registered and summons was issued. Accused having appeared on 26.07.2014, was enlarged on bail vide order dated 26.07.2014. At the stage of recording the plea, learned Magistrate having noticed that the cheque in question was issued on Canara Bank, J.P.Nagar Branch, II Phase, Bengaluru and the cause of action having not arisen within his jurisdiction, by making reference to the decision of the Apex Court in the case of Dasharath Rupsingh Rathod vs. State of Maharashtra & Another (Crl.A.No.2287/2009) dated 01.08.2014, directed return of the complaint to the complainant/petitioner, to present the same before the 3 jurisdictional court, within a period of one month. Assailing the said order, this petition was filed.

2. Heard Sri C.R. Gopalaswamy, learned advocate for the petitioner and perused the impugned order.

3. There is no dispute that the cause of action for the complainant has arisen within the jurisdiction of the court situated in Bengaluru city, since the cheque issued in favour of the petitioner by the respondent was dishonoured by the Canara Bank, J.P.Nagar Branch, II Phase, Bengaluru. The learned Magistrate being bound by the decision of the Apex Court, noticed supra, has rightly directed return of the complaint for presentation before the jurisdictional court, inasmuch as the case had not reached the stage of trial. Hence, no exception can be taken to the order, directing return of the complaint, for presentation before the jurisdictional court.

However, the order having been passed on 05.09.2014 and this petition having been filed on 23.10.2014, the delay in the 4 matter of presentation of the complaint before the jurisdictional court being bonafide is required to be condoned.

In the result, petition is disposed of by permitting the petitioner to present the returned complaint on or before 25.04.2015, before the jurisdictional Magistrate.

Sd/-

JUDGE ca

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