Karnataka high court refuses to interfere in former MLA’s conviction

Bengaluru: In a setback for MP Kumaraswamy, former BJP MLA from Mudigere constituency in Chikkamagaluru district, the high court refused to interfere with the trial court's order convicting him in eight cheque-bounce cases.The Supreme Court, in unequivocal terms, holds that during the exercise of revisional jurisdiction, the high court cannot set aside concurrent factual findings, Justice M Nagaprasanna noted in his order. The revisional court cannot re-analyse or reinterpret the evidence on record. Its object, as laid down in several cases, is limited to setting right a patent defect or error of jurisdiction, the judge said while referring to SC rulings in Basalingappa vs Mudibasappa and other cases.This court cannot sit in appeal over both the orders in revisional jurisdiction and obliterate the crime. The law is clearly goaded against the petitioner, the judge added while dismissing all eight petitions.On Feb 13, 2023, a special court held MP Kumaraswamy guilty and directed him to pay Rs 135.9 lakh to complainant HP Huvappa Gowda, an agriculturalist from Chikkamagaluru. In default, the accused was to undergo six months' simple imprisonment in each of the eight cases.On July 19, 2023, the sessions court confirmed the order, forcing MP Kumaraswamy to approach HC. He challenged both the orders, reiterating that the complainant, who happens to be a BPL card holder, does not have the financial capacity to lend so much money, as alleged in the complaint.According to him, the cheques issued by him for different collateral purposes were misused by the complainant. On the other hand, Huvappa Gowda submitted that the BPL card was obtained by his wife without informing him, and the same was cancelled long before the transactions in question.