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2023 Supreme(Online)(Kar) 38269
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CRL.P No. 100908 of 2019
C/W CRL.P No. 100909 of 2019,
CRL.P No. 100910 of 2019,
CRL.P No. 100911 of 2019,
CRL.P No. 100912 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 100908 OF 2019 (482-)
C/W
CRIMINAL PETITION NO. 100909 OF 2019
CRIMINAL PETITION NO. 100910 OF 2019
CRIMINAL PETITION NO. 100911 OF 2019
CRIMINAL PETITION NO. 100912 OF 2019
IN CRIMINAL PETITION NO. 100908 OF 2019
BETWEEN:
1.
SRI SHREENATH HEGDE
S/O LATE RAMA HEGDE,
AGED ABOUT 60 YEARS, OCC:BUSINESS
RESIDING AT NO.1, 1ST CROSS,
ANNAYA PALYA LAYOUT, RMV 2ND STAGE,
DOLLARS COLONY, BANGALORE-560094
…PETITIONER
(BY SRI. PRASHANTH U T., ADVOCATE)
AND:
1.
SMT. VIJAYALAXMI
W/O. SRI.YALLANAGOUDA PATIL,
AGED ABOUT 61 YEARS, OCC:HOUSEWIFE
RESIDING AT MAHANTESH NAGAR,
BELGAUM-590010
…RESPONDENT
(BY SRI. SANTOSH B MALAGOUDAR., ADVOCATE)
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CRL.P No. 100908 of 2019
C/W CRL.P No. 100909 of 2019,
CRL.P No. 100910 of 2019,
CRL.P No. 100911 of 2019,
CRL.P No. 100912 of 2019
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO 1) CALL FOR RECORDS IN C.C. NO.92/2017 ON THE
FILE OF HON'BLE VII JMFC, BELGAUM. 2) QUASH THE FURTHER
PROCEEDINGS IN PURSUANCE TO PASSING DECREE / AWARD
DATED 11.10.2018 IN C.C. NO.92/2017 (ANNEXURE-A), ON THE FILE
OF HON'BLE VII JMFC, BELGAUM.
IN CRIMINAL PETITION NO. 100909 OF 2019
BETWEEN:
1.
SRI SHREENATH HEGDE
S/O LATE RAMA HEGDE,
AGED ABOUT 60 YEARS, OCC:BUSINESS
RESIDING AT NO.1, 1ST CROSS,
ANNAYA PALYA LAYOUT, RMV 2ND STAGE,
DOLLARS COLONY, BANGALORE-560094
…PETITIONER
(BY SRI. PRASHANTH U T.,ADVOCATE)
AND:
1.
SMT. VIJAYALAXMI
W/O. SRI.YALLANAGOUDA PATIL,
AGED ABOUT 61 YEARS, OCC:HOUSEWIFE
RESIDING AT MAHANTESH NAGAR,
BELGAUM-590010
…RESPONDENT
(BY SRI. SANTOSH B MALAGOUDAR.,ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO 1) CALL FOR RECORDS IN C.C. NO.94/2017 ON THE
FILE OF HON'BLE VII-JMFC, BELGAUM. 2) QUASH THE FURTHER
PROCEEDINGS IN PURSUANCE TO PASSING DECREE / AWARD
J
MAMATHA
Digitally
signed by J
MAMATHA
Location:
High Court of
Karnataka,
Dharwad
Date:
2023.02.10
12:36:23
+0530
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CRL.P No. 100908 of 2019
C/W CRL.P No. 100909 of 2019,
CRL.P No. 100910 of 2019,
CRL.P No. 100911 of 2019,
CRL.P No. 100912 of 2019
DATED 11.10.2018 IN C.C. NO.94/2017 (ANNEXURE-A), ON THE FILE
OF HON'BLE VII JMFC, BELGAUM.
IN CRIMINAL PETITION NO. 100910 OF 2019
BETWEEN:
1.
SRI SHREENATH HEGDE
S/O LATE RAMA HEGDE,
AGED ABOUT 60 YEARS, OCC:BUSINESS
RESIDING AT NO.1, 1ST CROSS,
ANNAYA PALYA LAYOUT, RMV 2ND STAGE,
DOLLARS COLONY, BANGALORE-560094
…PETITIONER
(BY SRI. PRASHANTH U T., ADVOCATE)
AND:
1.
SMT. VIJAYALAXMI
W/O. SRI.YALLANAGOUDA PATIL,
AGED ABOUT 51 YEARS, OCC:HOUSE WIFE
RESIDING AT MAHANTESH NAGAR,
BELGAUM-590010
…RESPONDENT
(BY SRI. SANTOSH B MALAGOUDAR., ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO 1) CALL FOR RECORDS IN C.C. NO.105/2017 ON THE
FILE OF HON'BLE VII-JMFC, BELGAUM. 2) QUASH THE FURTHER
PROCEEDINGS IN PURSUANCE TO PASSING DECREE / AWARD
DATED 11.10.2018 IN C.C. NO.105/2017 (ANNEXURE-A), ON THE
FILE OF HON'BLE VII JMFC, BELGAUM.
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CRL.P No. 100908 of 2019
C/W CRL.P No. 100909 of 2019,
CRL.P No. 100910 of 2019,
CRL.P No. 100911 of 2019,
CRL.P No. 100912 of 2019
IN CRIMINAL PETITION NO. 100911 OF 2019
BETWEEN:
1.
SRI SHREENATH HEGDE
S/O LATE RAMA HEGDE,
AGED ABOUT 60 YEARS, OCC:BUSINESS
RESIDING AT NO.1, 1ST CROSS,
ANNAYA PALYA LAYOUT, RMV 2ND STAGE,
DOLLARS COLONY, BANGALORE-560094
…PETITIONER
(BY SRI. PRASHANTH U T., ADVOCATE)
AND:
1.
SMT. VIJAYALAXMI
W/O. SRI.YALLANAGOUDA PATIL,
AGED ABOUT 51 YEARS, OCC:HOUSEWIFE
RESIDING AT MAHANTESH NAGAR,
BELGAUM-590010
…RESPONDENT
(BY SRI. SANTOSH B MALAGOUDAR.,ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO 1) CALL FOR RECORDS IN C.C. NO.90/2017 ON THE
FILE OF HON'BLE VII-JMFC, BELGAUM. 2) QUASH THE FURTHER
PROCEEDINGS IN PURSUANCE TO PASSING DECREE / AWARD
DATED 11.10.2018 IN C.C. NO.90/2017 (ANNEXURE-A), ON THE FILE
OF HON'BLE VII-JMFC, BELGAUM.
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CRL.P No. 100908 of 2019
C/W CRL.P No. 100909 of 2019,
CRL.P No. 100910 of 2019,
CRL.P No. 100911 of 2019,
CRL.P No. 100912 of 2019
IN CRIMINAL PETITION NO. 100912 OF 2019
BETWEEN:
1.
SRI SHREENATH HEGDE
S/O LATE RAMA HEGDE,
AGED ABOUT 60 YEARS, OCC:BUSINESS
RESIDING AT NO.1, 1ST CROSS,
ANNAYA PALYA LAYOUT, RMV 2ND STAGE,
DOLLARS COLONY, BANGALORE-560094
…PETITIONER
(BY SRI. PRASHANTH U T.,ADVOCATE)
AND:
1.
SMT. VIJAYALAXMI
W/O. SRI.YALLANAGOUDA PATIL,
AGED ABOUT 61 YEARS, OCC:HOUSEWIFE
RESIDING AT MAHANTESH NAGAR,
BELGAUM-590010
…RESPONDENT
(BY SRI. SANTOSH B MALAGOUDAR.,ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO 1) CALL FOR RECORDS IN C.C. NO.91/2017 ON THE
FILE OF HON'BLE VII-JMFC, BELGAUM. 2) QUASH THE FURTHER
PROCEEDINGS IN PURSUANCE TO PASSING DECREE / AWARD
DATED 11.10.2018 IN C.C. NO.91/2017 (ANNEXURE-A), ON THE FILE
OF HON'BLE VII-JMFC, BELGAUM.
THIS PETITIONS COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 100908 of 2019
C/W CRL.P No. 100909 of 2019,
CRL.P No. 100910 of 2019,
CRL.P No. 100911 of 2019,
CRL.P No. 100912 of 2019
In all these petitions, the parties are one and the
same and the question involved is also same and therefore
they are disposed of by this common order.
2.
Petitioner is an accused in CC Nos.90, 91, 92, 94 and
105/2017 pending on the file of the Court of 7th JMFC,
Belagavi, registered for the offence punishable under
Section 138 of Negotiable Instruments Act (for short ‘NI
Act’). The said proceedings are initiated at the instance of
respondent / complainant.
3.
Five complaints were filed in respect of five different
cheques
issued
by
the
accused
for
a
sum
of
Rs.10,00,000/-
each,
which
were
dishonored
for
insufficient funds in his account.
4.
The matter came to be settled before the Lok-adalath
on 10.02.2018 and the cases were closed as per the
settlement.
Thereafter,
the
complainant
filed
an
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application stating that the accused has not complied the
conditions of settlement arrived at before Lok-adalath. The
case was once again taken on board and by an order
dated 22.12.2018, on the said application filed by the
complainant, the learned Magistrate proceeded to issue
NBW to the accused for not having paid the amount to the
complainant as per settlement. The petitioners are
aggrieved by the said order passed by the trial Court.
5.
It is contended that once the parties have arrived at
a settlement and an award is passed, the Court becomes
functus officio to pass any order and therefore, issuance of
NBW against the accused is without any jurisdiction. It is
also contended that when an award is passed in terms of
the settlement, the same is executable by the Civil Court
as it will be considered as a decree as per Section 21 of
the Karnataka Legal Services Authorities Act, 1987.
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6.
The learned counsel for respondent/complainant has
contended that inspite of entering into a compromise in
the year 2018, the accused has been dodging the matter
without paying the settled amount. He contends that there
is no illegality committed by the learned Magistrate as
even in cases before Lok Adalath, if the accused fails to
comply the terms of the settlement, there would be no
impediment for the Court to deal with the matter.
7.
Material on record would disclose that two joint
memos dated 10.02.2018 were filed by the parties, one in
respect of CC No. 91, 92 and 94 of 2017 wherein the
accused agreed to pay Rs.15,30,000/- in four installments
and another dated 10.02.2018 in respect of CC No.90 and
105/2017 agreeing to pay a sum of Rs.19,30,000/- in five
installments. Based on the said settlement arrived before
the Lok-adalath a decree/award was passed. However,
since the conditions of settlement were not complied by
the accused, complainant filed an application for issuance
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of NBW to the accused, which was allowed and the learned
Magistrate issued NBW to the accused.
8.
The learned Magistrate has relied on a decision of
this
Court
in
the
case
of
K.R.Venugopal
V/s
R.Madhusudhan in Crl.P.No.1822/2016, wherein it is
held that there would be no impediment for the Court to
deal with the matter if, the accused fails to comply the
terms of settlement even in the cases before the Lok-
Adalath.
9.
In K.N.Govindan Kutty Menon V/s C.D Shaji
(Civil A.No.10209/2011 decided on 28.11.2011) under
similar circumstances, where there was an award passed
in the Lok-adalath based on the consensus arrived at
between the parties, the Hon’ble Apex Court has held that
the petitioners could have filed execution petition before
the appropriate Court seeking award amount to pay with
interest and cost and the learned judicial Magistrate
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became functus officio to decide the case after the award
passed by Lok-Adalath.
10.
A
Co-ordinate
Bench
of
this
Court
in
Crl.P.No.1058/2017 and connected matters decided on
07.04.2017 has reiterated the ratio laid down in the above
judgment and has held that the order passed by the
learned Magistrate issuing NBW and FLW cannot be
sustained.
11.
In a recent decision, in the case of Arun Kumar Vs.
Anita Mishra and other
