- 1 - NC: 2025:KHC-D:6289 CRL.P No. 103075 of 2024 C/W CRL.P No. 101542 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103075 OF 2024 (407(Cr.PC)/447(BNSS)) C/W CRIMINAL PETITION NO.101542 OF 2025 IN CRL.P.NO.103075/2024: BETWEEN: 1. M/S. AMALAGIRIS A PARTNERSHIP FIRM, HAVING OFFICE AT CHETHIPUZHA HOUSE, AMALAGIRI P.O., KOTTAYAM, KERALA-686104, REPRESENTED BY ITS MANAGING PARTNER, MR. PHILIP JACOB. 2. MR. PHILIP JACOB S/O. LATE THOMAS JACOB, AGE: 47 YEARS, R/O. CHETHIPUZHA HOUSE, AMALAGIRI P.O., KOTTAYAM, KERALA-686104. 3. MRS. TEENU JACOB W/O. PHILIP JACOB, AGE: 47 YEARS, R/O. CHETHIPUZHA HOUSE, AMALAGIRI P.O., KOTTAYAM, KERALA-686104. …PETITIONERS (BY MISS PRANJALI G. GODAKHINDI, ADVOCATE FOR SRI. GIRISH A. YADAWAD, ADVOCATE) AND: M/S. MSPL PVT. LTD. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 14:44:11 +0530 - 2 - NC: 2025:KHC-D:6289 CRL.P No. 103075 of 2024 C/W CRL.P No. 101542 of 2025 A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ADDRESS AT BALTODA ENCLAVE, ABHERAJA BALTODA ROAD, HOSPET, DIST. BALLARI-583201, REPRESENTED BY MOHIT RATOLIKAR GENERAL MANAGER (MARKETING). …RESPONDENT (BY SRI. SUNIL S. DESAI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 407(2) OF CR.P.C.,( UNDER SECTION 447 (2) OF BNSS 2023), SEEKING TO SET ASIDE THE ORDER DATED 04.12.2023 PASSED BY THE PRL.DISTRICT AND SESSIONS JUDGE IN CRIMINAL MISCELLANEOUS NO.576/2023 INSOFAR AS IT PERTAINS TO DISMISSING THE SAID PETITION IN RESPECT OF CC NO.84/2014 IS CONCERNED WHICH ARE REGISTERED FOR 138 OF N.I. ACT AND CONSEQUENTLY TRANSFER THE SAID CASE FROM THE COURT OF PRL.SENIOR CIVIL JUDGE, HOSAPETE, TO THE COURT OF II ADDL.CIVIL JUDGE AND JMFC, HOSAPETE. IN CRL.P.NO.101542/2025: BETWEEN: 1. M/S. AMALAGIRIS A PARTNERSHIP FIRM, HAVING OFFICE AT CHETHIPUZHA HOUSE, AMALAGIRI P.O., KOTTAYAM, KERALA-686104, REPRESENTED BY ITS MANAGING PARTNER, MR. PHILIP JACOB. 2. MR. PHILIP JACOB S/O. LATE THOMAS JACOB, AGE: 47 YEARS, R/O. CHETHIPUZHA HOUSE, AMALAGIRI P.O., KOTTAYAM, KERALA-686104. - 3 - NC: 2025:KHC-D:6289 CRL.P No. 103075 of 2024 C/W CRL.P No. 101542 of 2025 3. MRS. TEENU JACOB W/O. PHILIP JACOB, AGE: 47 YEARS, R/O. CHETHIPUZHA HOUSE, AMALAGIRI P.O., KOTTAYAM, KERALA-686104. …PETITIONERS (BY MISS PRANJALI G. GODAKHINDI, ADVOCATE FOR SRI. GIRISH A. YADAWAD, ADVOCATE) AND: M/S. MSPL PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ADDRESS AT BALTODA ENCLAVE, ABHERAJA BALTODA ROAD, HOSPET, DIST. BALLARI-583201. …RESPONDENT (BY SRI. SUNIL S. DESAI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTIONEC. 407 OF CR.P.C. (UNDER SECTION 447 OF BNSS,) SEEKING TO SET ASIDE THE ORDER DATED 04.12.2023 PASSED BY THE PRINCIPAL DIST. AND SESSIONS JUDGE IN CRL.MISC NO 576/2023 INSOFAR AS IT PERTAINS TO DISMISSING THE SAID PETITION IN RESPECT OF CC NO. 85/2014 IS CONCERNED AND CONSEQUENTLY TRANSFER THE SAID CASE FROM THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE, HOSAPETE, TO THE COURT OF II ADDL. CIVIL JUDGE AND JMFC, HOSAPETE FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:6289 CRL.P No. 103075 of 2024 C/W CRL.P No. 101542 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Miss. Pranjali G. Godakhindi for Sri Girish A. Yadawad, learned counsel for petitioners. 2. Counsel’s submission with regard to the office objection is accepted and the objections overruled. 3. Heard the counsel for parties on merits of the matter. 4. Petitioners herein were accused in C.C.Nos.792/2013 and 793/2013, which are now renumbered as C.C.Nos.84/2014 and 85/2014, who remained absent before the Trial Court. 5. Admittedly, the petitioners did not appear before the Court regularly and learned Trial Judge exhausting the necessary remedial steps, directed that matters be transferred to Long Pending Cases Register. - 5 - NC: 2025:KHC-D:6289 CRL.P No. 103075 of 2024 C/W CRL.P No. 101542 of 2025 6. Accused are also facing criminal trials in several other matters wherein respondent is the complainant and all those cases are now pending before II Addl. Civil Judge and JMFC, Hosapete. These two matters if tried by II Addl. Civil Judge and JMFC, Hosapete, ends of justice would be met. 7. Such a request made by the petitioners was not heeded to by the learned Principal District Judge on the ground that the petitioners remained absent in these two matters and the cases are transferred to Long Pending Cases Register. 8. Sri Sunil S. Desai, learned counsel for respondent while bringing it to the notice of the Court about the conduct of the petitioners, requested this Court to issue necessary direction for early disposal while accepting the request of the petitioners. 9. Taking note of the fact that the transactions are of the year 2012-2013 and the matters are now - 6 - NC: 2025:KHC-D:6289 CRL.P No. 103075 of 2024 C/W CRL.P No. 101542 of 2025 renumbered as C.C.Nos.84/2014 and 85/2014, if tried with other pending matters before II Addl. Civil Judge and JMFC, Hosapete wherein the parties are common, ends of justice would be met. 10. At the same time, taking note of the Long Pending of the Cases and also taking note of the fact that the petitioners remained absent before the concerned Court for a sufficiently long period, if the trial is directed to be expedited and concluded in a time bound manner on or before the end of October, 2025, ends of justice would be met. 11. Accordingly, the following order is passed. ORDER (i) Petitions are allowed. (ii) Pending C.C.Nos.792/2013 and 793/2013, now renumbered as C.C.Nos.84/2014 and 85/2014 are withdrawn from the respective Courts and directed to be transferred to II Addl. Civil Judge and JMFC, Hospete, to be - 7 - NC: 2025:KHC-D:6289 CRL.P No. 103075 of 2024 C/W CRL.P No. 101542 of 2025 tried along with other pending cases between the parties. (iii) Further, taking note of the long pendency of the criminal cases where offence punishable under Section 138 of Negotiable Instruments Act is alleged, learned Trial Judge is directed to conclude the trial on or before 31.10.2025. (iv) Needless to emphasize that the parties shall cooperate for the same. Sd/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 2