H.D. GANGANNA Vs. RAMESH M

JUDGEMENT

(1.) The petitioner in all these three criminal cases was tried by the learned XX Additional Chief Metropolitan Magistrate, Bengaluru, (henceforth for brevity referred to as the 'Trial Court') in C.C.No.5651/2013, C.C.No.5650/2013 and C.C.No.5652/2013 respectively for the offence punishable under Sec. 138 of the Negotiable Instruments Act (henceforth for brevity referred to as the 'N.I.Act'), who under the judgment of the said Trial Court dtd. 2/3/2016, convicted for the offence punishable under Sec. 138 of the N.I.Act and was sentenced accordingly. Aggrieved by the same, the present petitioner (accused) preferred Criminal Appeals in Crl.A.No.407/2016, Crl.A.No.408/2016 and Crl.A.No.409/2016 in the court of the learned LIX Additional City Civil and Sessions Judge, Bangalore City (CCH-60) (henceforth for brevity referred to as the 'Sessions Judge's Court). The said Sessions Judge's Court after hearing both sides, by its judgments dtd. 21/2/2018, dismissed the appeal. Aggrieved by the same, the accused in the Trial Court has preferred these three petitions.

(2.) The respondents in these three petitions were the complainants in the Trial Court.

(3.) In view of the fact that the learned counsels for the revision petitioner and respondents have failed to appear before this Court on several dates of hearing, this Court by its reasoned order in Crl.R.P.No.578/2018 and Crl.R.P.No.578/2018, both dtd. 25/5/2022, appointed learned counsel - Sri. S. Javeed, as Amicus Curiae for the respondents and by order dtd. 7/6/2022, appointed learned counsel - Smt.Archana K.M., as Amicus Curiae for the petitioner/accused and also this Court by its reasoned order in Crl.R.P.No.579/2018 dtd. 16/6/2022, appointed learned counsel - Sri. S. Javeed, as Amicus Curiae for the respondent and appointed learned counsel - Smt.Archana K.M., as Amicus Curiae for the petitioner/accused to represent their respective cases.