IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.4367/2018 BETWEEN AMARANATH LADWA S/O. PANDURANGASA LADWA, AGED ABOUT 47 YEARS, OCC: BUSINESS, RESIDING AT: NO.2079, 3RD MAIN, 3RD CROSS, MCC ‘A’ BLOCK, DAVANAGERE - 577004.
...PETITIONER (BY SRI M R HIREMATHAD, ADV.) AND 1. STATE OF KARNATAKA BY SHO EXTENSION POLICE STATION, DAVANAGERE CITY.
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560001.
2. RAGHAVENDRA C.S. S/O. C.T. SHANTHARAJ, AGED ABOUT 37 YEARS, PROPRIETOR OF AGARBATHI INDUSTRY, SITUATED AT NARASAPURA, KOLAR - DISTRICT, RESIDING AT: NO.3208/1, MCC 'B' BLOCK, 10TH MAIN, 4TH CROSS, DAVANAGERE.
…RESPONDENTS (BY SRI SHOWRI H.R, HCGP.) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.126/2018 (DATED 22.05.2018 REGISTERED BY THE RESPONDENT NO.1 EXTENSION P.S., DAVANAGERE CONSEQUENTLY QUASH THE CRIMINAL PROCEEDINGS ON THE FILE OF THE I JMFC, DAVANAGERE IN CR.NO.126/2018.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Govt. Pleader.
2. The petitioner is before this court praying for quashing the FIR registered in Crime No.126/2018 dated 22.05.2018 pending on the file of the 1st JMFC, Davangere.
3. The case of the petitioner is that the second respondent has lodged a false complaint alleging theft of cheques and also the practice of collecting usurious rates of interest and that the complaint registered in collusion with the police is only to defeat the proceedings initiated under Section 138 of NI Act. The said contentions are issues which are on merits of the matter and require adjudication of factual aspects and can be concluded only after appreciating evidence. Hence, the petition does not merit consideration.
Accordingly, the petition stands rejected.
In view of disposal of the petition, I.A. 1/18 for stay does not survive for consideration and is accordingly disposed off.
Sd/- JUDGE Chs* CT-HR