IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION No.6532 OF 2019 BETWEEN:
Dr.Venkataramana, S/o late Bedekil Rama Bhat, Aged about 55 years, R/o No.1679/05, Sardar Patel Road, Opposite to Dasprakash Hotel, Near Prabha Theater, Mysore-570 361. …Petitioner (Sri.Shashidhara H.N., Advocate) AND Smt. Lakshmi Bhat, W/o Late. Bhalakrishnabhat, Aged about 52 years, R/o N S Harikrishna, Nellunde, Hosanagara Taluk, Shimoga District-577 418. …Respondent This criminal petition is filed under Section 482 of Cr.P.C. praying to quash the complaint in C.C.No.649/2010 registered by the respondent under Section 138 of N.I. Act 1881 on the file of Civil Judge and JMFC, Hosadurga for want of territorial Jurisdiction.
This petition, coming on for admission, this day, the Court made the following:
O R D E R In the instant petition, the petitioner has sought for quashing C.C.No.649/2010 registered by the respondent under Section 138 of Negotiable Instruments Act on the file of Civil Judge and JMFC, Hosanagara.
2. The aforesaid proceedings was the subject matter of Criminal Petition No.7743/2014 decided on 11.04.2019. Being aggrieved by the order dated 11.04.2019 petitioner had approached the Hon’ble Supreme Court. On 05.08.2019 the Hon’ble Supreme Court passed the following order:
“Learned counsel appearing for the petitioner seeks permission of this Court to withdraw the special leave petition with liberty to approach the High Court for appropriate relief. Permission granted. Consequently, the special leave petition stands dismissed as withdrawn.”
3. Pursuant to the aforesaid order of the Hon’ble Supreme Court, present petition is filed.
4. Undisputedly, the order dated 11.04.2019 passed in Criminal Petition No.7743/2014 has attained finality and it has not been reviewed/modified/quashed. As long as it is not quashed or modified by appropriate forum, the present petition is not maintainable with reference to order of the Hon’ble Supreme Court dated 05.08.2019 passed in Special leave to Appeal (Crl.) No.6618/2019 (Annexure-K). More over principle of resjudicata is attracted, since in Criminal Petition No.7743/2014 and in the present petition prayer are one and the same.
5. In view of the above facts and circumstances, petition is not maintainable against the order dated 11.04.2019 passed in Criminal Petition No.7714/2014 which has attained finality among the parties.
Criminal Petition stands dismissed.
Sd/- JUDGE cm/-