IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7092/2015 BETWEEN:
V. NAGARAJA S/O LATE K. VEERABASAPPA GOWDA AGED ABOUT 71 YEARS EX. SERVICEMAN R/O CORPORATION BUILDING NEW TOWN BHADRAVATHI – 577 301 SHIVAMOGGA DISTRICT.
(BY SRI P.N. HARISH, ADVOCATE) AND:
M.K. SHIVAKUMAR S/O M.H. KENCHAPPA AGED 46 YEARS R/O D.NO.C-13 AKASHAVANI QUARTERS JPS COLONY BHADRAVATHI – 577 301 SHIVAMOGGA DISTRICT.
... PETITIONER ... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) ********* THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE IV ADDITIONAL DISTRICT & SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI IN CRIMINAL REVISION PETITION NO.9/2015 DATED 26.08.2015 IN CONFIRMING THE ORDER OF MODIFICATION IN JUDGMENT AND ORDER OF CONVICTION PASSED BY THE PRINCIPAL CIVIL JUDGE & JMFC, BHADRAVATHI IN C.C.NO.2223/2012 DATED 12.11.2014 AND THEREBY SET ASIDE THE ORDER OF MODIFICATION DATED 12.11.2014 MADE IN THE EARLIER JUDGMENT AND ORDER DATED 08.07.2014 PASSED BY THE PRINCIPAL CIVIL JUDGE & JMFC, BHADRAVATHI IN C.C.NO.2223/2012 BY ALLOWING THIS PETITION AND ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioner. Respondent is duly served and unrepresented. Perused the records.
2. Petitioner is aggrieved by the order dated 12.11.2014 passed by the Principal Civil Judge and JMFC, Bhadravathi, whereby the learned Magistrate amended the final order dated 08.07.2014 in C.C.No.2223/2012 without notice to the petitioner.
3. The grievance of the petitioner is that as against the order dated 08.07.2014, petitioner has preferred an appeal before the learned District and Sessions Judge at Shivamogga and an interim order was passed by the learned Sessions Judge on 06.08.2014 staying the operation of the order of the learned Magistrate subject to deposit of `10,000/- before the Trial Court. Accordingly, the amount was deposited on 04.09.2014. However, the impugned order came to be passed by the learned Magistrate on 12.11.2014, without notice to the petitioner.
4. The above facts clearly indicate that after the matter was seized by the Appellate Court, learned Magistrate passed the impugned order, amending the final order passed by it on 12.11.2014. The changes carried out in the impugned order cannot be construed as arithmetical or typographical error. Moreover, the Appellate Court having seized of the matter and the operation of the order dated 08.07.2014 having been stayed, learned Magistrate had no jurisdiction to amend the order. As a result, the impugned order dated 12.11.2014 being opposed to law and without jurisdiction is liable to be quashed.
Accordingly, petition is allowed. The impugned order dated 12.11.2014 made by the Principal Civil Judge and JMFC, Bhadravathi is quashed.
Sd/- JUDGE ca