Case Note & Summary
The petitioner, Vuppalapati Satish Kumar, was accused No.2 in C.C.No.22746/2017 before the XXVII Additional Chief Metropolitan Magistrate, Bengaluru. He was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, vide judgment dated 02.01.2023. Instead of filing an appeal under Section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioner filed a criminal petition under Section 482 Cr.P.C. before the High Court of Karnataka seeking to quash the conviction. The office raised an objection regarding the maintainability of the petition, noting that a convicted accused must file an appeal under Section 374 Cr.P.C. The learned senior counsel for the petitioner argued that a petition under Section 482 Cr.P.C. is maintainable even when a statutory appeal is available, relying on the Supreme Court judgments in Punjab State Warehousing Corporation Faridkot v. Shree Durga Ji Traders and Ors., (2011) 14 SCC 615, and Vijay and another v. State of Maharashtra (citation not fully provided). The court, after hearing the submissions, examined the issue of maintainability. The court held that when a statutory right of appeal is available, the inherent powers under Section 482 Cr.P.C. cannot be invoked as an alternative remedy. The petition was dismissed as not maintainable, but the petitioner was granted liberty to file an appeal under Section 374 Cr.P.C. within a period of four weeks from the date of the order, and if filed within that time, the appeal would be considered without any objection as to limitation.
Headnote
A) Criminal Procedure Code - Maintainability of Petition under Section 482 Cr.P.C. - Alternative Remedy - Conviction under Section 138 NI Act - The petitioner, convicted by the trial court, filed a petition under Section 482 Cr.P.C. to quash the conviction instead of filing an appeal under Section 374 Cr.P.C. - The court held that when a statutory right of appeal is available, the inherent powers under Section 482 Cr.P.C. cannot be invoked as an alternative remedy - The petition was dismissed as not maintainable, with liberty to file an appeal (Paras 1-6).
Issue of Consideration
Whether a criminal petition under Section 482 of Cr.P.C. is maintainable against a judgment of conviction and sentence passed by a trial court for an offence under Section 138 of the Negotiable Instruments Act, 1881, when a statutory right of appeal under Section 374 of Cr.P.C. is available.
Final Decision
The criminal petition is dismissed as not maintainable. However, the petitioner is at liberty to file an appeal under Section 374 Cr.P.C. within four weeks from today. If such appeal is filed within the stipulated time, the same shall be considered without any objection as to limitation.
Law Points
- Section 482 Cr.P.C. cannot be used as an alternative remedy when a statutory appeal is available
- Section 374 Cr.P.C. is the proper remedy against conviction
- Inherent powers under Section 482 Cr.P.C. are not to be exercised when there is an efficacious alternative remedy
