IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3982 OF 2016 BETWEEN:
SRINIVAS R S/O REVANNA AGED ABOUT 29 YEARS REAL ESTATE BUSINESS R/O DEVAPURA COLONY MADADAKERE HOBLI HOSADURGA TALUK CHITRADURGA DISRICT-577501 ... PETITIONER (BY SRI: M. VISHWAJITH RAI, ADVOCATE - ABSENT) AND:
SHRIDHAR S/O T.MANIKYAM AGED ABOUT 50 YEARS TIP TOP, VENUS CUT PIECE CENTER SHIMOGA R/O NO.16, 1ST CROSS H.SIDDAIAH ROAD SHIMOGA CITY-577203 ... RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 23.02.2016 IN C.C.NO.550/2014 PASSED BY THE COURT OF PRL. CIVIL JUDGE AND JMFC, HOSADURGA.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This matter was listed yesterday. On account of the absence of learned counsel for the petitioner, the matter was directed to be listed today. Even today, when the matter is called for the second time, learned counsel has remained absent.
2. Petitioner has sought to set-aside the order dated 23.02.2016 in C.C.No.550/2014 passed by the learned Civil Judge (Junior Division) and JMFC, Hosadurga, whereby the application filed by the respondent/complainant for transfer of the case to Court of JMFC, Shivamogga is allowed and the office is directed to send entire papers to the Court of JMFC, Shivamogga.
3. The said order is seen to have been passed in terms of section 142(a) of Negotiable Instruments Act. Therefore, it does not call for any interference by this Court in exercise of jurisdiction under section 482 of Cr.P.C. Petitioner has not pointed out any error or perversity in the said order warranting interference under section 482 of Cr.P.C.
Hence, the petition is dismissed.
In view of the dismissal of the petition, I.A.No.1/2016 does not survive for consideration and the same is also dismissed.
Sd/- JUDGE Bss