- 1 - NC: 2025:KHC:4917 CRL.P No. 14353 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. 14353 OF 2024 BETWEEN: M. B. PRADEEP S/O M T BOPAIAH AGED 45 YEARS, R/O DODDATHURARU VILLAGE, KUDUMANGLORE POST, KUSHALNAGAR HOBLI, KODAGU-571234. …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. SRI. RAZAK. A S/O ABDULLA, AGED ABOUT 35 YEARS, R/O 1ST BLOCK, NIZAMUDDIN BADAVANE, KUSHALNAGAR, SOWWARPET TALUK, KODUGU-571234. 2. K.N CHENGAAPPA S/O NANJUNDA, AGED ABOUT 67 YEARS, R/O GUDDAEHOSURU VILLAGE, KUSHALNAGER HOBLI, SOMWARPET. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4917 CRL.P No. 14353 of 2024 3. K .C BHEEMAIAH S/O K.S CHENGAPPA, AGED ABOUT 33 YEARS R/O GUDDAEHOSURU VILLAGE, KUSHALNAGAR HOBLI, SOMWARPET. …RESPONDENTS (NOTICE TO RESPONDENT DISPENSED WITH VIDE ORDER DATED 04.02.2025) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO PASS AN ORDER DIRECTING IN ALL THE THREE CASES IN THE COURT OF THE CIVIL JUDGE AND JMFC KUSHALNAGAR CC N. 795/2017 (DATED 31/08/2021), IN THE COURT OF THE CIVIL JUDGE AND JMFC KUSHALNAGAR CC NO. 173/2017 (DATED 25/04/2022) IN THE COURT OF THE CIVIL JUDGE AND JMFC KUSHALNAGAR CC NO. 176/2017 (DATED - 25/04/2022) PASSED IN THE COURT 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 ORAL ORDER In this petition, the petitioner seeks the following relief: " Directing in all the three cases in the court of the Civil Judge and JMFC Kushalnagar CC No. 795/2017 (dated 31.08.2021), in the court of the Civil Judge and JMFC Kushalnagar CC No. 173/2017 (dated 25.04.2022) in the - 3 - NC: 2025:KHC:4917 CRL.P No. 14353 of 2024 Court of the Civil Judge and JMFC Kushalnagar CC No. 176/2017 (dated 25.04.2022) passed in the court shall run concurrently." 2. Heard the learned counsel for the petitioner and perused the material on record. For the order proposed, the notice to the respondents is dispensed with. 3. A perusal of the material on record would indicate that the respondent Nos.1 to 3 instituted ten different proceedings against the petitioner/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The details of the aforesaid cases filed by respondent Nos.1 to 3 – complainants filed by them are as under: Sl. No. RESPONDENT CC. NO./ COURT JUDGMENT DATE/ CONVICTION YEAR UNDERGONE PERIOD 1. RAZAK. A 795/2017 31.08.2021 JMFC KUSHALNAGAR 03 YEARS 2. K.N. CHENGAAPPA 173/2013 25.04.2022 JMFC KUSHALNAGAR 03 YEARS 3. K.C. BHEEMAIAH 176/2017 25.04.2022 JMFC KUSHALNAGAR 03 YEARS 4. As can be seen from the aforesaid orders passed by the learned Magistrate, the petitioner has been convicted to - 4 - NC: 2025:KHC:4917 CRL.P No. 14353 of 2024 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 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 - NC: 2025:KHC:4917 CRL.P No. 14353 of 2024 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. [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/-