IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.6082/2017 BETWEEN:
SRI LAKSHMINARASIMHAIAH, S/O DODDANARASIMHAIAH, AGED ABOUT 45 YEARS, R/AT DEVALINGAPALYA VILLAGE, HEJJALA, BIDADI HOBLI, RAMANAGARAM TALUK, BANGALORE RURAL DISTRICT.
…PETITIONER (BY SRI BALAREDDY R, ADVOCATE - ABSENT) AND:
M/S. RATHNA AND COMPANY, NO.470, DODDABELE ROAD, NEAR K.S.R.T.C. WORKSHOP, KENGERI, BANGALORE – 560 060. REPRESENTED BY ITS MANAGING PARTNER MR. SADIYAPPAN.
… RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE FURTHER PROCEEDINGS IN C.C.NO.44980/2010 FILED BY THE RESPONDENT PENDING ON THE FILE OF 25TH A.C.M.M. BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition under Section 482 Cr.P.C. is directed against the judgment and order of conviction passed by the XXV ACMM, Bangalore on 31.10.2014 in C.C.No.44980/2010 whereunder the petitioner/accused has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to pay fine of Rs.20.00 lakhs with default sentence of six months.
2. Registry has rightly raised objection with regard to maintainability of this petition since it is appealable. Hence, reserving liberty to the petitioner to file an appeal against the said judgment and order of conviction, present petition stands dismissed by sustaining the office objection.
Sd/- JUDGE brn