SURESH versus MAHADEVAPPA SHIVAPPA DANANNAVA AND ANR.

SURESH versus MAHADEVAPPA SHIVAPPA DANANNAVA AND ANR.

The complaint was liable to be dismissed due to inordinate delay of 11 years and because the allegations were purely civil in nature, not disclosing a prima facie case of cheating under Section 420 IPC; the magistrate and High Court orders taking cognizance and issuing process were set aside.

Parties
Appellant: Suresh; Respondent: M.S. Danannava
Jurisdiction
India
Judgment Date
16 February 2005
Procedural Posture
Criminal Appeal / Appeal From the High Court Judgment Dismissing Revision Against Magistrate's Order Taking Cognizance
Outcome
Appeal allowed. High Court and magistrate orders set aside. Complaint dismissed.
Legal Topics
Delay in Criminal Complaints, Distinction Between Civil and Criminal Liability, Cognizance Under Section 190 Cr PC
Criminal Law Delay in Criminal Complaints Distinction Between Civil and Criminal Liability Cognizance Under Section 190 Cr PC

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Parties

Suresh

Appellant

M.S. Danannava

Respondent

Procedural Posture

Criminal Appeal / Appeal From the High Court Judgment Dismissing Revision Against Magistrate's Order Taking Cognizance

Legal Issues

  1. 1 Whether complaint under Section 420 IPC after 11 years of alleged transaction is maintainable
  2. 2 Whether the allegations disclose a prima facie case of cheating or are civil in nature

Ratio Decidendi

The complaint was liable to be dismissed due to inordinate delay of 11 years and because the allegations were purely civil in nature, not disclosing a prima facie case of cheating under Section 420 IPC; the magistrate and High Court orders taking cognizance and issuing process were set aside.

Court Disposition

Appeal allowed. High Court and magistrate orders set aside. Complaint dismissed.

Orders

  • Impugned judgment and order of the Karnataka High Court in Criminal Revision Petition No. 932/2000 dated 17.02.2004 set aside
  • Magistrate's order taking cognizance also set aside