IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8773/2015 C/W CRIMINAL PETITION No.8771/2015 BETWEEN:
Sri. M.G. Ramadas, S/o. Gavirangappa, Aged about 50 years, Agriculturist, R/of Malladihalli Village, Ramagiri Hobli, Holalkere Taluk, Chitradurga District – 577 539. …Petitioner (Common) (By Sri. Rama Bhat K., Advocate) AND:
Sri. D.K. Prahlada, Aged about 50 years, S/o. D. Krishnappa, Agriculturist, R/of. Kanakatte Right Side, Bhadravathi – 577 301, Shimoga – District. ...Respondent (Common) (By Sri. Rajendra S, for Sri. S.V. Prakash, Advocates) These Criminal petitions are filed under Section 482 of Cr.P.C. praying to quash the impugned order dated 24.11.2015 in Crl.Misc.Nos.1431/2015 and 1430/2015 respectively passed by the Hon’ble Prl. Sessions Judge, Shivamogga.
These Criminal petitions coming on for Admission, this day, the Court made the following:
O R D E R In both these petitions common questions of fact and law are involved. Hence, both petitions are heard and disposed of by this common order.
2. Petitioner herein instituted a criminal proceedings against the respondent under Section 138 of Negotiable Instruments Act on the file of the II Addl. Civil Judge & JMFC, Bhadravathi. The said proceedings were numbered as C.C.No.103/2015 and C.C.No.104/2015. In respect of the very same cheques, respondent filed a civil suit in O.S.No.35/2013 and the same was pending on the file of Senior Civil Judge & JMFC, Bhadravathi. In order to transfer both these proceedings to the same Court on the ground that dispute between the parties is arising out of the very same cheques, respondent filed an application under Section 408 of Cr.P.C. before the Prl. District & Sessions Judge, Shivamogga. By order dated 24.11.2015, the learned Sessions Judge has allowed the application and consequently, withdrew C.C.Nos.103/2015 and 104/2015 pending on the file of the II Addl. Civil Judge & JMFC, Bhadravathi and transferred the same to the Court of the Senior Civil Judge & JMFC, Bhadravathi, with a direction to try these cases simultaneously and dispose them on the same day, in accordance with law. In the same order, the learned Sessions Judge directed the Senior Civil Judge & JMFC, Bhadravathi to try CC Nos.103/2015 and 104/2015 along with O.S.No.35/2013. This order, in my view, is contrary to the scheme of the Code of Criminal Procedure and Code of Civil Procedure.
3. The Civil Court is vested with a jurisdiction only to try civil cases under Section 9 of CPC, whereas, the Criminal Courts are vested with the jurisdiction to try the criminal cases by following procedure laid down under the CPC. Section 4 of the Code of Criminal Procedure, 1973 provides that “(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.”.
4. Though the same court is vested with jurisdiction to try civil cases as well as criminal cases, the same court cannot try civil as well as criminal cases together as directed by the learned Sessions Judge. Though for the sake of convenience, the learned Sessions Judge might have transferred the cases to the same court, but, on account of jurisdiction conferred on the respective courts, the case which is triable by the junior division cannot be tried by the Senior division and vice versa 5. In that view of the matter, the learned Sessions Judge has committed serious error in directing transfer of the cases to the Court of the Senior Civil Judge, with a direction to try them along with O.S.No.35/2013.
As a result, both the petitions are allowed. Impugned order dated 24.11.2015 in Crl.Misc.Nos.1430/2015 and 1431/2015 passed by the Prl. Sessions Judge, Shivamogga, is quashed.
Sd/- JUDGE SV