JAYAVANT KALASAPPA KALE Vs. SURESH KALASAPPA KALE

JUDGEMENT

(1.) The petitioner who is complainant before the Trial Court has filed this petition under Sec. 482 Cr.P.C. with a prayer to set aside order dtd. 18/1/2020 passed by the Trial Court dismissing the complaint in C.C.No.23/2016, on the ground that there is civil suit and its finding would be binding on the criminal Court and that there are no grounds to continue with the matter.

(2.) Brief facts leading to the filing of this petition are that land bearing CTS No.5325 of Jamakhandi is the property of partnership firm, Hotel Prashant, constituted between petitioner and his sister-Sushilabai Shingi. Through the registered partnership dtd. 19/4/1985 the said property was brought into the stock of the firm. By mortgaging the said property loans were raised from KSFC. After toiling for several years petitioner was able to repay the loans and got reconveyance/release dead dtd. 7/8/2002 in favour of the partnership firm. Sushilabai Shingi was unmarried. She died on 13/8/2011. After her death partnership was reconstituted and business is going on.

(3.) Challenging the impugned order dismissing the complaint, petitioner has filed this petition contending that the defence of respondents that civil suit is pending is rejected by this Hon'ble Court in Crl.P.No.101118/2017 and in the light of the same the Trial Court ought not to have dismissed the complaint on the ground that pendency of civil suit. After taking cognizance under Sec. 204 Cr.P.C, the Magistrate cannot change his view whimsically.