SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Kar) 183

SREENIVAS HARISH KUMAR
G. H. Abdul Kadri S/o. Late Hassan Beary – Appellant
Versus
Mohammed Iqbal S/o. Late Sayyad Abubakkar – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.P. Hegde, Sr. Counsel for Smt. H. Pavithra.
For the Respondent: Sri. Shobhith N. Shetty.

ORDER :

All these revision petitions are disposed of by a common order as the parties and the question to be decided are common.

2. The Principal District and Sessions Judge, Udupi, by his common judgment dated 31.8.2019 dismissed Criminal Appeals 5 to 10/2019 preferred by the petitioner herein challenging the judgment of conviction passed by Judicial Magistrate First Class (‘Magistrate’ for short’), Udupi, in C.C.Nos.2013/2018, 2015/2018, 2016/2018, 2017/2018, 2018/2018 and 2019/2018. The petitioner being the accused in all these criminal cases faced prosecution for the offence under section 138 of the Negotiable Instruments Act as the cheques issued by him for discharging his liability in connection with the loan said to have been obtained by him from the respondent were dishonoured for want of sufficient funds in his bank account.

3. It has been held by the Magistrate in all the cases that the petitioner did not appear before the court in spite of service of summons on him. Therefore the Magistrate, following the judgment of the Supreme Court in the case of Indian Bank Association and Others vs. Union of India [(2014) 5 SCC 590], accepted the affidavits filed in all the cases by th

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top