Karnataka High Court
Sri G R Ramakrishna vs Sri C K Satish on 17 April, 2023
Author: K.Natarajan
Bench: K.Natarajan
-1-
WP No. 4763 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
WRIT PETITION NO. 4763 OF 2023 (GM-RES)
BETWEEN:
1. SRI. G. R. RAMAKRISHNA,
AGED ABOUT 69 YEARS,
S/O G.T. RAJAMANNA CHETTY.
2. SMT. G.R. USHA RANI,
AGED ABOUT 66 YEARS,
W/O G.R. RAMAKRISHNA,
R/AT FLAT NO.101, MARUTHI ENCLAVE,
30, C.T. BED, 6TH CROSS,
BANASHANKARI 2ND STAGE,
BEHIND PRAMOD HOSPITAL AND
LAKSHMISAGAR HOTEL,
BENGALURU - 560 070,
Digitally signed by
LAKSHMINARAYAN
N
Location: HIGH
BOTH ARE PRESENTLY
COURT OF
KARNATAKA R/AT C2, 101, C BLOCK,
VAISHNAVI NORTH APARTMENT,
KEMPAPURA, HEBBAL,
BENGALURU - 560 024.
...PETITIONERS
(BY SRI. JEEVAN K., ADVOCATE)
AND:
SRI. C. K. SATISH,
-2-
WP No. 4763 of 2023
S/O SRI KODANDARAMA SETTY C.V.,
AGED ABOUT 48 YEARS,
R/AT OLD NO. 208, NEW NO.18,
G-1, 4TH CROSS, 9TH MAIN,
2ND BLOCK, JAYANAGAR,
BENGALURU - 560 011.
...RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH)
THIS WP IS FILED UNDER SECTION 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER ISSUING N.B.W AND FLW AND FLW DATED
28/07/2022 VIDE ANNEXURE-E PASSED BY THE LEARNED XVI
ADDITIONAL CHIEF METROPOLITON MAGISTRATE IN C.C
NO.2514/2020 IN THE ENDS OF JUSTICE AND EQUITY AND
ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Looking to the facts and circumstances of the case issuance of notice to respondent No.2 is dispensed with. This petition is filed by the petitioners/accused Nos.1 and 2 under Article 227 of the Constitution of India read with Section 482 of the Cr.P.C. for quashing the order of issuing NBW and FLW in C.C.2514/2020, pending on the file of XVI -3- WP No. 4763 of 2023 Additional Chief Metropolitan Magistrate for the offence punishable under Section 138 of the N.I.Act.
2. Heard the arguments of learned counsel for the petitioner.
3. This petition is filed by the petitioner alleging that the respondent filed a complaint against this petition under Section 138 of the N.I.Act and later the matter was settled before the Lok Adalath and an award was passed on 25.06.2022. Due to some delaying in repayment of the amount as per the settlement, the respondent filed an application for reopening the very same case in C.C.No.2514/2020 and the Trial Court issued FLW and NBW in the very same case, which is against the law and illegal once the case is closed by way of compromise or ended in disposal, the learned Magistrate has no power to reopen the case as per the provision of 362 of Cr.P.C. Hence, the petitioner is before this Court.
4. Having heard the arguments and on perusal of the records, which reveals, of course, that the case has been closed before the Lok Adalath and award have been passed, the very same case C.C.No.2514/2020 has been closed by the Trial -4- WP No. 4763 of 2023 Court. Of course, the petitioner said to be not paid the amount as per the settlement, therefore, the respondent had the recourse of filing a petition for the purpose of recovering the amount as per Section 421 read with 431 of Cr.P.C. This Court also held in Ganapathy vs. C.V.Mehta HUF, in Crl.P.7792/2022 dated 08.12.2022 and in connected matters that once the case was ended in compromise or settlement and the matter was disposed of through Lok Adalath, the Magistrate became functus officio and he cannot reopen the very same case except for any clerical corrections as per Section 362 of the Cr.P.C. Such being the case, the Trial Court ought not to have reopened the case, and the respondent has to file a separate miscellaneous case for recovery of the settlement amount. Such being the case, the Trial Court decision to reopen the case is not correct and is liable to be set aside. Hence, I proceed to pass the following:
ORDER The criminal petition is allowed.
The order of the Trial Court for reopening the case in C.C.No.2514/2020 is hereby set-aside. The respondent is at liberty to move separate -5- WP No. 4763 of 2023 miscellaneous petition for recovery of the amount under Section 421 read with Section 431 of Cr.P.C.
Sd/-
JUDGE HDK List No.: 1 Sl No.: 35 CT:STK