IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF DECEMBER, 2018 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR CRL. P. NO. 2279/2017 c/w CRL. P. NO. 2280/2017 IN CRL. P. NO. 2279/2017: BETWEEN:
R.JAYANNA S/O. LATE JYOTHI RUDRAPPA AGED ABOUT 65 YEARS, R/O. ‘MAHARUDRESHWARA NILAYA’, OPP. KALABYRAVESHWARA TEMPLE, SHARAVATHINAGARA, SHIVAMOGGA CITY – 577 201 (BY SHRI. S.V.PRAKASH, ADV.) AND:
1. PREMA JAYANTH W/O. LATE B.V.JAYANTHA AGED ABOUT 50 YEARS 2. DEEPU S/O. LATE B.V.JAYANTHA AGED ABOUT 27 YEARS, BOTH RESIDENTS OF NO.1154, THARALABALUNAGAR, DAVANAGERE-577 002 …PETITIONER PRESENTLY RESIDING AT COMFORT CASTLE APARTMENT 1ST CROSS, BEHIND GANESH TEMPLE, NEW THIPPASANDRA, BENGALURU - 560075 (BY SHRI K.B.NAVEEN KUMAR, ADV.) …RESPONDENTS THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. QUASH THE PROCEEDINGS IN C.C.No.1631/2015 (PCR No.100/2015) PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHITRADURGA.
IN CRL.P.NO. 2280/2017:
BETWEEN:
R.JAYANNA S/O. LATE JYOTHI RUDRAPPA AGED ABOUT 65 YEARS, R/O. ‘MAHARUDRESHWARA NILAYA’, OPP. KALABYRAVESHWARA TEMPLE, SHARAVATHINAGARA, SHIVAMOGGA CITY – 577 201 …PETITIONER (BY SHRI. S.V.PRAKASH, ADV.) AND:
SHRI. B.V.JAYANTH SINCE DEAD BY LRs 1. PREMA JAYANTH W/O. LATE B.V.JAYANTHA AGED ABOUT 50 YEARS 2. DEEPU S/O. LATE B.V.JAYANTHA AGED ABOUT 27 YEARS, BOTH RESIDENTS OF NO.1154, THARALABALUNAGAR, DAVANAGERE-577 002 PRESENTLY RESIDING AT COMFORT CASTLE APARTMENT 1ST CROSS, BEHIND GANESH TEMPLE, NEW THIPPASANDRA, BENGALURU - 560075 (BY SHRI K.B.NAVEEN KUMAR, ADV.) …RESPONDENTS THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. QUASH THE PROCEEDINGS IN C.C.No.1289/2015 (PCR No.101/2015) PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHITRADURGA.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Shri. S.B.Prakash, learned Advocate for the petitioner and Shri. K.B.Naveen Kumar, learned Advocate for respondents.
2. Crl.P.Nos.2279/2017 and 2280/2017 are filed by the accused against the wife & son of the complainant and complainant respectively. One Shri.Jayanth filed a private complaint against the petitioner/accused for the alleged offence punishable under Section 138 of Negotiable Instruments Act, 1881 and same is registered in C.C.No.1631/2015 pending on the file of learned Principal Civil Judge & JMFC, Chitradurga.
3. Initially trial was pending in C.C.No.1631/2015 before JMFC-II, Shivamogga. Subsequently, same was transferred to Davanagere and renumbered as C.C.No.644/2018 on the file of JMFC-II, Davanagere.
4. The accused also filed a private complaint against the respondent and others before the learned Magistrate, Shivamogga, alleging that cheques in question were taken from him by force. The said complaint was referred to jurisdictional police under Section 156(3) of Cr.P.C. After investigation police have filed charge sheet and the trial is pending in C.C.No.1505/2015 on the file of JMFC-II, Shivamogga.
5. In the circumstances, petitioner prays that criminal case pending in Davanagere viz., C.C.No.644/2018 may be transferred to Shivamogga, which will facilitate simultaneous disposal of C.C.No.1505/2015.
6. Shri. K.B.Naveen Kumar, learned Advocate for the respondents has no objection for transferring the said case to Shivamogga.
7. Admittedly, this is a case where both parties have filed case against each other. If both cases are before the same Court, it will facilitate simultaneous disposal.
8. In the circumstances, C.C.No.644/2018 pending on the file of JMFC-II, Davanagere, is directed to be transferred to the Court of JMFC – II, Shivamogga. Petitions are accordingly disposed of.
*9. C.C. No.325/2018 pending on the file of JMFC-II, Davangere, is directed to be transferred to the Court of JMFC-II, Shivamogga.
* Para.9 inserted vide court order dated 21.03.2019.
*10. In view of disposal of the petitions, I.A.No.1/2017 for stay in both the petitions does not survive for consideration and same stand disposed of.
No costs.
Sd/- JUDGE DR * Correction carried out vide court order dated 21.03.2019.