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    482 Criminal Petition of Ladwa

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    Bhuvan raj
    Petition

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    482 Criminal Petition of Ladwa

    Uploaded by

    Bhuvan raj
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    Petition

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    Petition

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    9 views5 pages

    482 Criminal Petition of Ladwa

    Uploaded by

    Bhuvan raj
    Petition

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.

    (MEMORANDUM OF CRIMINAL PETITION UNDER SECTION 482 OF THE


    CODE OF CRIMINAL PROCEDURE 1973)

    IN THE COURT OF THE PRINCIPAL CIVIL JUDGE (Jr. Div.) & JMFC:
    BANGALORE

    C.C. No. 1587/2019

    IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.

    Criminal Petition No. /2018


    RANKS OF PARTIES IN
    )( )(
    BETWEEN:- Trial Court High Court
    M/s Micron India,
    No.39 & 40,
    Raheja Arcade,
    Koramangala,
    Bangalore – 560 095

    2. Mr. N.M. Ladwa,


    Major,
    Partner, Micron India,
    “Panchmukhi”, No.31,
    Patalamma Temple Road,
    Bangalore – 560 004

    3. Sri. Naveen Ladwa


    S/o Rameshwar Ladwa,
    Aged about 37 Years,
    Partner, Micron India,
    “Panchamukhi”, No.31,
    Patalamma Temple Road,
    South End Circle,
    Bangalore -560 004 Accused Petitioners

    AND:

    M/s Dennis International,


    No.32, 8th Cross,
    4th Main, Subashnagar,
    Bangalore – 570 007.
    Represented by its proprietor,
    H. Rehmath Khan,
    S/o Abid Khan,
    Complainant Respondent

    ******

    MEMORANDUM OF CRIMINAL PETITION UNDER SECTION 482 OF THE


    CODE OF CRIMINAL PROCEDURE 1973
    The Petitioner submits as under:-

    1. The address of the petitioner for the purpose of service of notice,


    summons, etc., from this Hon’ble Court is as stated in the cause title and also
    care of their counsel Sri. __________, Advocate, No._____, 2nd Floor,
    __________ Complex, 5th Main Road, Gandhinagar, Bangalore – 560 009.

    2. The address of the respondent as stated in the cause title is true and
    correct for the similar purpose.

    3. The petitioner prefers the above Criminal Petition seeking to quash the
    proceedings in C.C. No.1587/2019 pending on the file of Principal Civil Judge
    (Jr. Division) & JMFC, Bangalore as being an abuse of process of law, for the
    alleged offence punishable u/Sec. 138 of the Negotiable Instruments Act
    1881. The copy of the Complaint is herewith furnished as Document No. 1.

    FACTS OF THE CASE

    4. The respondent/complainant has filed a private complaint against the


    petitioner herein alleging that the accused has dishonoured the cheque issued
    by them and thus have committed an offence punishable under Section 138 of
    the Negotiable Instruments Act.

    5. The complainant in his complaint has alleged that he is Supplier of


    Excile Bricks and Balls and the petitioner herein has been purchasing the
    Excile Bricks and Balls from the complainant and towards discharge of the
    debt has issued four cheques bearing Nos. 357298 dated 15.01.2013 for a
    sum of Rs. 7,880/- (Rupees Seven Thousand Eight Hundred Eighty Only),
    Cheque bearing No.357296 dated 02.02.2013 for a sum of Rs. 6,000/-
    (Rupees Six Thousand Only), Cheque bearing No.357295 dated 26.01.2013
    for a sum of Rs. 6,000/- (Rupees Six Thousand Only), and cheque bearing
    No.357297 dated 08.02.2013 for a sum of Rs. 6,500/- (Rupees Six Thousand
    Five Hundred Only) all the cheques being drawn on Standard Chartered Bank,
    Bangalore, drawn in favour of the complainant/Respondent. That upon
    presentation of the said cheques by the Complainant/Respondent through his
    bankers Canara Bank, Tilaknagar, Bangalore. The cheques returned
    dishonoured with a shara“INSUFFICIENT FUNDS” vide memo
    dated 06.04.2013. That the demand notice was issued to the
    Petitioner/Accused on 29.04.2013, Petitioner/Accused replied on 03.05.2013
    denying the allegations the complainant. Thereafter, the complainant has filed
    the complaint on 02.09.2013, after laps of the period prescribed under law,
    without there being an application for condonation of delay.

    6. That the trial court upon presentation of the complaint, has took
    cognizance of the complaint for the alleged offence u/s. 138 of the Negotiable
    Instruments Act. However the learned magistrate, without proper scrutiny of
    the documents and calculation of period of limitation to file the private
    complaint has ordered for issue of summon against the accused. The order of
    taking cognizance of the complaint is on 02-09-2013, by the Hon’ble III
    Additional JMFC, Bangalore and the complaint was registered as PCR No.
    1114/2013. Again the Hon’ble Court vide Order dated 23-12-2015, has taken
    the cognizance of the complaint for the second time. The certified copy of the
    complaint and the Order Sheet is here with furnished as Document No. 1 & 2.
    The order of taking cognizance of the complaint and proceeding further is
    illegal, contrary to law and irregular.

    7. Thereafter the complainant has filed sworn statement. The certified


    copy of the sworn statement is herewith furnished as Document No.3. The
    complaint was adjourned from time to time for addressing arguments. Finally
    on 18.09.2016 the Hon’ble Court while hearing the arguments has come
    across that there is delay in filing the complaint. In the meanwhile, the said
    complaint has been transferred to the Court of Principal JMFC, Bangalore,
    under a notification.

    8. That the complainant realizing the delay has filed an application under
    section 142(b) of N.I. Act on 23-07-2019. The trial Court instead of dismissing
    the complaint, has ordered for issue of notice to the accused/petitioners herein
    on the said application. The copy of the application is herewith furnished as
    Document No. 4. The petitioners upon service of notice appeared before the
    court and filed objections to the said application and prayed for the dismissal
    of the application consequently thecomplaint also. The copy of the
    objection is herewith furnished as Document No. 5.

    9. That the trial court upon hearing the complainant and the accused has
    passed an order allowing the application vide order dated 16-10-2019. The
    Hon’ble trial court allowed the application on the reasoning that the application
    cannot be rejected on technical grounds and has also held that there is no
    limitation to file a suit for recovery of amount, though having held that the
    complainant has not given cogent reasons to condone the delay. Which
    reasoning is illegal, contrary to law and the findings are biased and no legal
    footing.

    10. The petitioner submits that the entire proceedings in C.C. No.
    1587/2019 before the trial court is an abuse of process of law and the same is
    liable to be quashed on the following among other grounds to be urged at the
    time of hearing.

    GROUNDS

    11. The impugned order passed by the learned magistrate is illegal,


    arbitrary and unsustainable in law or on facts and the same is liable to be
    quashed by this Hon’ble Court.

    12. The trial court taking cognizance on three occasions i.e. on 2.09.2013,
    23.12.2015 and on 11.04.2018 on the same cause of action is without
    application of mind to the earlier orders passed and also without appreciation
    of the complaint and documents which has resulted in miscarriage of justice.

    13. That the trial court erred in issuing the process against the petitioner
    without there being proper compliance of mandatory provisions of Section 142
    (b) of the Act, has resulted in miscarriage of justice.

    14. The learned Magistrate has erred in taking cognizance, when there is
    specific bar under section 142 (b) of the Act from taking cognizance in case if
    the complaint is filed beyond the period of one month from the date of service
    of demand notice i.e. date on which the cause of action arose to file a
    complaint without there being an application for condonation of delay being
    accompanied with the complaint.
    15. The trial court has failed to takenote of the said time limitation set out
    u/s. 142 (b) of the Act and has ordered for issuance of summons against the
    petitioner herein, without verifying the documents and cause of action, which
    is contrary to law as the learned magistrate has mechanically proceeded to
    pass an order for issue of summons against the petitioner herein.
    16. The learned magistrate without application of mind has mechanically
    ordered for issue of notice and has by assigning unfounded reasoning has
    allowed the application which is per se is improper, incorrect, erroneous and is
    liable to be quashed. The court below has exercised its discretion arbitrarily
    and lacks jurisdiction.
    17. The case on hand is one of the rarest of rare cases requiring
    interference by this Hon’ble Court to secure ends of justice in order to prevent
    the abuse of process of law.
    WHEREFORE, the petitioners prays that this Hon’ble Court be pleased
    to call for the records in C.C. No. 1587/2019 on the file of Principal Civil Judge
    (Jr. Division) & JMFC, Bangalore, peruse the same and quash the
    proceedings against the petitioners in the interest of justice and equity.

    Bangalore.
    Date: 18-07-2018 Advocate for Petitioners

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