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2025 DAILYLAW 32947 (KAR)

SRI V SADANANDA v. NSL SUGARS LTD

CRL.P/10187/2024 · 2025-01-23

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:3261 CRL.P No. 10187 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10187 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI V. SADANANDA, S/O MOHAN LAL, AGED ABOUT 44 YEARS, RESIDENT OF APPAYYANA HALLI TANDA, GUDE KOTE POST, KUDLIGI TALUK, BELLARY DISTRICT - 583130 …PETITIONER (BY SRI. BALARAJ A. C., ADVOCATE) AND: NSL SUGARS LTD., KOPPA VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571428 REPRESENTED BY ITS PA HOLDER, SRI S. T. NAVEEN, S/O SHASHIDHAR. …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATE AGAINST THE PETITIONER FOR ALLEGED COMMISSION OF OFFENCES UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT IN C.C.NO.668/2017 PENDING ON THE FILE OF THE LEARNED I ADDITIONAL CIVIL JUDGE AND JMFC, MADDUR VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3261 CRL.P No. 10187 of 2024 ORAL ORDER In this petition, petitioner seeks for the following reliefs: “i) Call for records; ii) To quash the entire proceedings initiated against the petitioner for alleged commission of offences under Section 138 of Negotiable Instruments Act in C.C.No.668/2017 pending on the file of the learned I Additional Civil Judge and JMFC., Maddur vide Annexure-A; iii) issue such other order or directions as deems fit in the circumstances of the case and allow the above criminal petition with costs, to meet the ends of justice and equity.” 2. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that the impugned proceedings initiated by the respondent- complainant against the petitioner/accused are of the year 2017 in C.C.No.668/2017 in which evidence has already commenced, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition by directing the Trial Court to dispose of the said proceedings on merits within a stipulated time frame leaving open all contentions to be decided by the trial Court by providing - 3 - NC: 2025:KHC:3261 CRL.P No. 10187 of 2024 sufficient reasonable opportunity to both the parties in accordance with law. 3. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned proceedings in C.C.No.668/2017 on the file of the I Additional Civil Judge (Jr.Dn.) and JMFC, Maddur, shall be disposed of by the Trial Court as expeditiously as possible and preferably within a period of six months from the date of receipt of copy of this order by providing sufficient reasonable opportunity to both the parties in accordance with law. iii) It is made clear that all rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 109