IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.44142 OF 2018 (GM-RES) BETWEEN:
SRI. VIJAYALAKSHMI STEEL HOUSE A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT B.C.ROAD, BANTWAL TALUK, D.K. ROAD BANTWAL TALUK, D.K.DISTRICT REPRESENTED BY ITS PARTNER MRS. SHOBHA S PRABHU AGED 57 YEARS COMPLAINANT WIFE OF M.SHRINATH PRABHU R/AT ROOM NO.504, FIFTH FLOOR AMBAR CITADEL, SULTHAN BATHERY ROAD URVA MARKET, MANGALORE-5750 01 ... PETITIONER (BY SHRI. P.P. HEGDE, ADVOCATE) AND:
1. SRI. ALLURI KRISHNA REDDY MANAGING DIRECTOR, A.K.R., CONSTRUCTION LTD., 2. SRI. SHASHI REDDY S/O SRI. ALLURI KRISHNA REDDY DIRECTOR, A.K.R., CONSTRUCTION LTD., 3. SMT. INDIRA KRISHNA REDDY W/O SRI. ALLURI KRISHNA REDDY DIRECTOR, A.K.R., CONSTRUCTION LTD., 4. A.K.R. CONSTRUCTION LTD., ALL ARE RESIDING AT OFFICE: PLOT NO.8-2-684/J3 BHAVANI NAGAR COLONY KANAKADURGA TEMPLE LANE ROAD NO.12, BANJARA HILLS HYDERABAD-500 034 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTIONS/ORDERS DIRECTING THE J.M.F.C., V COURT, MANGALURU FOR DECIDING THE CASE IN P.C.NO.356/2015 EXPEDITIOUSLY, AT ANY RATE WITHIN THE TIME THAT MAY BE FIXED BY THIS HON'BLE COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri P.P.Hegde, learned advocate for the petitioner submits that petitioner herein is the complainant in PCR No.108/2014 which was subsequently transferred and now pending on the file of JMFC, V Court, Mangalore, in PCR No.356/2015. The proceedings initiated before the learned Magistrate are under Section 138 of the Negotiable Instruments Act and the cheque amount is Rs.3,10,02,000/-. There is no progress in the case, as the respondents-accused are unnecessarily dragging the case on one pretext or the other. Thus, the petitioner is put to prejudice due to delay. He submits that petitioner would be satisfied if an appropriate direction is issued to the learned Magistrate for expeditious disposal of the case.
3. Admittedly, a private complaint No.356/2015 has been pending from 29.07.2015 before the learned Magistrate. The cheque in question is for Rs.3,10,02,000/-. Therefore, it is just and appropriate to direct the learned Magistrate to dispose of the case expeditiously. In the circumstances, notice to the respondents is dispensed with.
4. The learned Magistrate, Mangaluru, is directed to dispose of PCR No.356/2015 expeditiously. The writ petition stands disposed of accordingly. No costs.
Sd/- JUDGE Yn.