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2025 DAILYLAW 34689 (KAR)

DASEGOWDA D (LIC AGENT) v. BETTEGOWDA

CRL.P/11688/2024 · 2025-02-04

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:4915 CRL.P No. 11688 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.11688 OF 2024 BETWEEN: DASEGOWDA D (LIC AGENT) S/O. LATE DASEGOWDA AGED ABOUT 48 YEARS R/AT. BEEDANAHALLI VILLAGE BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101 …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. BETTEGOWDA S/O LATE SERAMMANA NINGE GOWDA AGED ABOUT 70 YEARS R/AT. BEEDANAHALLI VILLAGE BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101 COMPLAINANT IN PCR NO - 40/2021 CC NO-342/2021. 2. ASHOK S/O LATE MARI GOWDA AGED ABOUT 40 YEARS R/AT. B. BETA HALLI VILLAGE ATTAHALLI POST, BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101. COMPLAINANT IN PCR NO 46/2021 CC NO-564/2021. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4915 CRL.P No. 11688 of 2024 3. CHIKKARAJU S/O LATE CHIKANNA AGED ABOUT 50 YEARS R/AT. B. BETA HALLI VILLAGE ATTAHALLI POST, BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101 COMPLAINANT IN PCR NO - 45/2021 CC NO-565/2021. 4. UMESHA S/O LATE DEVEGOWDA AGED ABOUT 32 YEARS R/AT. BEEDANAHALLI VILLAGE, BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101 COMPLAINANT IN CC NO- 566/2021. 5. CHIKKAMOGANNA AGED ABOUT 62 YEARS S/O LATE CHIKANNA R/AT. BEEDANAHALLI VILLAGE, BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101. COMPLAINANT IN -CC NO-583/2021. 6. SHASHIDHARA S/O CHICKKAMOGANNA AGED ABOUT 32 YEARS R/AT. BEEDANAHALLI VILLAGE, BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101 COMPLAINANT IN-CC NO-595/2021. 7. VENKATESH B.V S/O VENKETEGOWDA AGED ABOUT 38 YEARS - 3 - NC: 2025:KHC:4915 CRL.P No. 11688 of 2024 R/AT. BEEDANAHALLI VILLAGE, HANUMANALU POST, BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101 COMPLAINANT IN PCR NO - 71/2021 CC NO-760/2021. 8. VENKATESHA S/O LATE DASE GOWDA AGED ABOUT 40 YEARS R/AT. BEEDANAHALLI VILLAGE BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101 COMPLAINANT IN PCR NO -97/2021 CC NO-1426/2021. 9. JAYARAMU S/O LATE RANGE GOWDA AGED ABOUT 58 YEARS R/AT. BEVENAHALLI VILLAGE, KETUPURA POST, SOSELE HOBLI, T. NARASIPURA TALUK MYSURU DISTRICT. 571101 COMPLAINANT IN PCR NO - 35/2022 CC NO-1843/2022. 10. SURESH B.N S/O LATE NINGE GOWDA AGED ABOUT 40 YEARS R/AT. BEEDANAHALLI VILLAGE BANNUR HOBLI' T. NARASIPURA TALUK MYSURU DISTRICT. 571101 COMPLAINANT IN PCR NO 66/2022 CC NO-3870/2022. …RESPONDENTS (NOTICE TO RESPONDENTS ARE DISPENSED WITH VIDE ORDER DATED 04.02.2025) - 4 - NC: 2025:KHC:4915 CRL.P No. 11688 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO PASS AN ORDER OF SENTENCES IN ALL 10 CASES IN CC. NO.342/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.23,440/-,IN C.C.NO. 564/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.36,50,000/-IN C.C.NO. 565/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.3,20,000/-,IN C.C.NO.760/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.3,50,000/-, IN C.C.NO.1426/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.4,10,000/-,IN C.C.NO. 1843/2022 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.4,60,000/-,IN C.C.NO.3870/2022 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.8,60,000/-,IN C.C.NO.566/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.5,08,000/-, IN C.C.NO.589/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.4,98,000/-,IN C.C.NO.595/2021 TO UDERGO SIMPLE IMPRISONMENT FOR A TERM OF TWO YEARS WITH FINE OF RS.4,98,000/-, SHALL RUN CONCURRENTLY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 5 - NC: 2025:KHC:4915 CRL.P No. 11688 of 2024 ORAL ORDER In this petition, the petitioner seeks the following reliefs: "It is most humbly prayed that this Hon'ble Court may be pleased to pass an order of sentences in all 10 cases in In CC Number 342/2021 to undergo Simple Imprisonment for a term of two years with fine of Rs.23,440/-. In CC Number 564/2021 to undergo Simple Imprisonment for a term of two years with fine of Rs.36,50,000/-. In CC Number 565/2021 to undergo Simple Imprisonment for a term of two years with fine of Rs.3,20,000/-. In CC Number 760/2021 to undergo Simple Imprisonment for a term of two years with fine of Rs.3,50,000/-. In CC Number 1426/2021 to undergo Simple Imprisonment for a term of two years with fine of Rs.4,10,000/-. In CC Number 1843/2022 to undergo Simple Imprisonment for a term of two years with fine of Rs.4,60,000/-. In CC Number 3870/2022 to undergo Simple Imprisonment for a term of two years with fine of Rs.8,60,000/-. In CC Number 566/2021 to undergo Simple Imprisonment for a term of two years with fine of Rs.5,08,000/-." - 6 - NC: 2025:KHC:4915 CRL.P No. 11688 of 2024 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with. 3. A perusal of the material on record will indicate that respondent Nos.1 to 10 instituted ten different proceedings against the petitioner-accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The details of the aforesaid cases filed by respondent Nos.1 to 10 – complainants filed by them are as under: Sl. No. RESPONDENT CC. NO./ COURT JUDGMENT DATE / CONVICTION YEAR UNDERGONE PERIOD 1. N BETTEGOWDA 342/2021-JMFC AT TIRUMAKUDAL NARASIPURA 21.02.2022 02 YEARS 02 YEARS 02 MONTHS 2. ASHOKA 564/2021-JMFC AT TIRUMAKUDAL NARASIPURA 21.02.2022 02 YEARS 02 YEARS 02 MONTHS 3. CHIKKARAJU 565/2021-JMFC AT TIRUMAKUDAL NARASIPURA 21.02.2022 02 YEARS 02 YEARS 02 MONTHS 4. VENKATESH B V 760/2021-JMFC AT TIRUMAKUDAL NARASIPURA 21.02.2022 02 YEARS 02 YEARS 02 MONTHS 5 VENKATESHA 1426/2021-JMFC AT TIRUMAKUDAL NARASIPURA 21.02.2022 02 YEARS 02 YEARS 02 MONTHS - 7 - NC: 2025:KHC:4915 CRL.P No. 11688 of 2024 Sl. No. RESPONDENT CC. NO./ COURT JUDGMENT DATE / CONVICTION YEAR UNDERGONE PERIOD 6 JAYARAMU 1843/2022-JMFC AT TIRUMAKUDAL NARASIPURA 21.02.2022 02 YEARS 02 YEARS 02 MONTHS 7 SURESH B N 3870/2022-JMFC AT TIRUMAKUDAL NARASIPURA 21.02.2022 02 YEARS 02 YEARS 02 MONTHS 8 UMESHA 566/2021-JMFC AT TIRUMAKUDAL NARASIPURA 03.01.2023 02 YEARS 02 YEARS 02 MONTHS 9 CHIKKAMOGANNA 583/2021-JMFC AT TIRUMAKUDAL NARASIPURA 03.01.2023 02 YEARS 02 YEARS 02 MONTHS 10 SHASHIDHARA 595/2021-JMFC AT TIRUMAKUDAL NARASIPURA 03.01.2023 02 YEARS 02 YEARS 02 MONTHS 4. As can be seen from the aforesaid orders passed by the learned Magistrate, the petitioner has been convicted to undergo simple imprisonment for a period of two years in the aforesaid cases. It is a matter of record and an undisputed fact that out of the total sentence of more than twenty years as imposed by the learned Magistrate, the petitioner has already undergone sentence of 3½ years as on today and having regard to the nature of the offence, for which the petitioner has been convicted under Section 138 of the N.I.Act, in order to secure the ends of justice and in the peculiar / special facts and circumstances obtaining in - 8 - NC: 2025:KHC:4915 CRL.P No. 11688 of 2024 the instant case, it would be just and appropriate to exercise my jurisdiction under Section 482 of the Cr.PC read with Article 226 of the Constitution of India and direct that the imprisonment of 3½ years already undergone by the petitioner-accused to be treated as the maximum sentence imposed in all the aforesaid cases by directing that the same shall run concurrently for all the sentences in relation to all the aforesaid criminal cases and direct the petitioner to be released immediately upon receipt of a copy of this order. It is made clear that the present order is made in the peculiar / special facts and circumstances obtaining in the instant case and the same shall not be treated as precedent nor shall the same have any precedential value for any purpose whatsoever. 5. In the result, the following: ORDER [a] The petition is hereby allowed and disposed of. [b] The concerned Jail authorities are directed to release the petitioner immediately upon receipt of a copy of this order. - 9 - NC: 2025:KHC:4915 CRL.P No. 11688 of 2024 [c] It is made clear that the present order is made in the peculiar / special facts and circumstances obtaining in the instant case and the same shall not be treated as precedent nor shall the same have any precedential value for any purpose whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE AN/-