3 months ago
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The High Court of Karnataka has upheld the judgments of the proceedings courts successful convicting M.P. Kumaraswamy, a erstwhile MLA from the Mudigere Assembly Constituency, successful 8 cheque dishonour cases and sentencing him to wage to the complainant a full magnitude of ₹1.23 crore, failing which to acquisition a elemental imprisonment of six months successful each case.
“The instrumentality is intelligibly goaded against the petitioner. I bash not find immoderate mistake of jurisdiction oregon perversity successful the orders, to re-appreciate the grounds and travel to my ain conclusion, different than the grounds that has already been appreciated by the 2 proceedings courts,” said Justice M. Nagaprasanna dismissing the erstwhile legislator’s revision petitions.
A peculiar tribunal of magistrate for the transgression cases against erstwhile and contiguous MLAs and MPs connected February 13, 2023 convicted Mr. Kumaraswamy connected the ailment lodged successful 2020 by H.R. Huvappa Gowda, a nonmigratory of Chikkamagaluru city. On July 19, 2023, a peculiar tribunal of sessions for the transgression cases against erstwhile and contiguous MLAs and MPs rejected the entreaty filed by Mr. Kumaraswamy against the judgement passed by the peculiar tribunal of magistrate. Later, Mr. Kumaraswamy moved the High Court questioning the legality of these 2 judgments.
However, the High Court recovered nary merit successful the petition by pointing retired that some the magistrate and the sessions courts person extensively examined the documentary evidence, including slope statements, which intelligibly demonstrated the fiscal transactions betwixt the parties. The courts person refused to judge Mr. Kumaraswamy’s contention that the ailment was financially incapable of lending specified a immense magnitude of wealth to him arsenic the erstwhile did not supply immoderate grounds successful enactment of specified claim.
Mr. Kumaraswamy and Mr. Gowda shared a agelong acquaintance. In 2018, Mr. Gowda withdrew earlier 3 cheque-dishonour complaints aft receiving partial outgo from Mr. Kumaraswamy earlier the second contested elections. The complainant aboriginal alleged that Mr. Kumaraswamy borrowed much money, issued caller cheques, and they were dishonoured owed to insufficient funds.
