Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

The Karnataka High Court passed a judgement on 20th February, 2023 petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction is not maintainable under Negotiable Instruments Act. This was in the case of Vuppalapti Satish Kumar V. VTH Source Components  Pvt  Ltd. (CRIMINAL PETITION NO.991 OF 2023) and this is presided over by Honourable Mr. JUSTICE K. Natarajan.


The petition is filed by the petitioner-accused to quash the conviction for the offence punishable under Section 138 of the Negotiable Instruments Act. The court raised an objection regarding maintainability of the petition as the petitioner being the accused convicted in the trial court, required to file an appeal under section 374 of Cr.P.C. The accused was a convict accused by the trial court for the offence punishable under Section 138 of NI Act. The learned senior counsel contended that the trial court had erred by acquitting the company from the charges and convicting the managing director, which is against the principles laid down by the Hon’ble Supreme Court. The petitioner is challenging the conviction and sentence passed by the trial court by exercising the power under section 255 of Cr.P.C.


The petitioner should have filed the appeal under section 374(2) of Cr.P.C., before the sessions judge where the first appealte court would re-appreciate evidence on record and pass the final judgement, then only the aggrieved parties can approach the high court under section 397 of Cr.P.C. If this petition filed under section 482 of Cr.P.C, is entertained, the respondent will be deprived of right of appeal before the appellate court and thereafter parties can approach the high court. The court opined that the accused are following these back door tactics in order to avoid the interim compensation going to be imposed by the first appellate court inder section 148 of the NI Act. Hence, the petition is dismissed as not maintainable.


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