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2025 DAILYLAW 32926 (KAR)

SRI SRIKANTH GUPTA v. SRI SRIKANTH M

WP/25744/2024 · 2025-01-29

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:4085 WP No. 25744 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 25744 OF 2024 (GM-RES) BETWEEN: SRI SRIKANTH GUPTA S/O B V SRINIVAS GUPTA AGED ABOUT 44 YEARS, NO 259, 6TH CROSS, MANASARA ROAD INDIRANAGAR NEW LAYOUT, MYSURU - 570010 …PETITIONER (BY SRI. S SHIVAPRASAD.,ADVOCATE) AND: SRI SRIKANTH M AGED ABOUT 60 YEARS, S/O LATE M S MOHAN NO 124, 12TH MAIN, 23RD CROSS, E BLOCK, VIJAYANAGAR MYSURU - 570030 …RESPONDENT (BY SRI. JAGADEESH C M., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS THE ORDER IN ON APPLICATION U/S 143-A OF THE N.I. ACT DISMISSING THE SAID APPLICATION BY THE LEARNED III JMFC MYSURU MAGISTRATE IN CC NO. 583/2023 DATED 10/11/2023 AT ANNX-A AND ALSO TO PASS THE ORDER PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4085 WP No. 25744 of 2024 JUDGE, MYSURU IN CRL.REV. PETITION NO. 68/2024 DATED 12/08/2024 AT ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the complainant in C.C.No.583/2023 is directed against the impugned order dated 10.11.2023 rejecting the application filed by the petitioner - complainant under Section 143A of the Negotiable Instruments Act, 1881 seeking interim compensation, which was confirmed by the learned Principal District and Sessions Judge, Mysuru in Crl.R.P.No.68/2024 dated 12.08.2024. 2. After arguing the matter for some time, learned counsel for the petitioner on instructions, submits that C.C.No.583/2023 is posted before the trial Court on 27.03.2025 and the same may be pre-poned/advanced to an earlier date and the learned Magistrate may be directed to dispose of the main proceedings as expeditiously as possible. - 3 - NC: 2025:KHC:4085 WP No. 25744 of 2024 3. Learned counsel for the respondent - accused submits on instructions, that he has no objection for the proceedings in C.C.No.583/2023 to be pre-poned/advanced from 27.03.2025 to 10.02.2025 and for disposal of the proceedings within a stipulated timeframe. 4. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of rival contentions and keeping the same open, I deem it just and appropriate to dispose of the petition without interfering with the impugned order and by directing the trial Court to pre-pone/advance the proceedings in C.C.No.583/2023 from 27.03.2025 to 10.02.2025 and by directing the trial Court to dispose of the proceedings within a period of three [3] months from that day. 5. In the result, the following: ORDER a. The petition is hereby disposed of without interfering with the impugned order. - 4 - NC: 2025:KHC:4085 WP No. 25744 of 2024 b. The trial Court is directed to advance the proceedings in C.C.No.583/2023 from 27.03.2025 to 10.02.2025. c. Both the petitioner and the respondent are directed to appear before the trial Court on 10.02.2025 without awaiting further notice from the trial Court. d. The trial Court is directed to dispose of the proceedings within a period of three [3] months from 10.02.2025 without being influenced by the findings and observations recorded in the impugned order. e. Both the parties shall co-operate with the trial court for expeditious disposal of the proceedings in terms of this order. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB