IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6693/2018 BETWEEN:
R. JAYANNA S/O LATE JYOTHI RUDRAPPA AGED ABOUT 68 YEARS R/O ‘MAHARUDRESHWARA NILAYA’ OPP. KALABYRAVESHWARA TEMPLE SHARAVATHINAGARA SHIVAMOGGA CITY – 577 201.
(BY SRI. S.V. PRAKASH., ADVOCATE) AND:
K. LOKANATHA S/O SRI. LATE KALATHAPPA AGED ABOUT 68 YEARS R/O DODDLINGENAHALLI TARIKERE TALUK CHIKKAMAGALURU DISTRICT – 577 101.
... PETITIONER ... RESPONDENT (BY SRI. K.B. NAVEEN KUMAR., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.999/2017 (P.C.R.NO.218/2014) AND P.C.R.NO.298/2013 PENDING ON THE FILE OF CIVIL JUDGE AND ADDITIONAL J.M.F.C., TARIKERE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.S.V.Prakash, learned counsel appearing for petitioner and Smt. Suma, learned counsel appearing on behalf of Sri. Naveen Kumar for respondent. Perused the case papers.
2. This criminal petition is filed for quashing of proceedings pending in C.C.No.999/2017 (PCR No.212/2015) pending on the file of Civil Judge and Addl. JMFC, Tarikere, registered against accused persons for the offences punishable under Sections 506, 114, 342, 504, 448, 363, 341, 420 and 149.
Respondent herein filed a private complaint in PCR No.298/2013 against present petitioner alleging that petitioner-accused has committed an offence punishable under Section 138 of Negotiable Instruments Act, 1881, and same is registered in C.C.No.1290/2015 and pending on the file of Civil Judge and Addl. JMFC, Tarikere.
3. Petitioner/accused had filed a private complaint against respondent (R-3) and others before JMFC-II, Shivamogga, alleging cheques in question were taken from him by use of force. Said complaint was referred to jurisdictional police under Section 156(3) for investigation, who have now filed charge sheet in C.C.No.1505/2015 on completion of investigation and said proceedings is pending on the file of JMFC-II, Shivamogga. In these circumstances, petitioner has now prayed that proceedings pending on the file of Addl. JMFC, Tarikere, i.e., C.C.No.999/2017 (PCR No.212/2015) and PCR No.298/2013 be transferred to Shivamogga i.e., JMFC-II, Shivamogga, which would facilitate simultaneous disposal of C.C.No.1505/2015.
4. Smt.Suma, learned counsel appearing for respondent has no objection for transferring the said cases to Shivamogga.
5. Both parties have filed cases against each other and same are ordered to be adjudicated by the same Court, which would not only facilitate simultaneous disposal of all these proceedings and would also avoid any conflicting judgments being rendered by different Courts. In these circumstances, C.C.No.999/2017 (PCR No.212/2015) and CC No.1290/2015 (PCR No.298/2013) pending on the file of Addl. JMFC, Tarikere, is ordered to be transferred to the Court of JMFC-II, Shivamogga. Accordingly, this petition stands disposed of.
In view of petition having been disposed of, I.A.No.1/2018 for stay does not survive for consideration and it is rejected.
SD/-
JUDGE DR/RG