IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1257/2019 BETWEEN:
D.B. JATTI S/O LATE DR. B.D. JATTI AGED ABOUT 75 YEARS R/AT VILLA NO.7 SY.NO.51, DWARAKAMAI ECC ROAD, WHITEFIELD BENGALURU-560 066.
(BY SRI. CHETHAN A.C, ADVOCATE) AND:
ABHIVARNA ENTERPRISES A REGISTERED PARTNERSHIP FIRM OFFICE AT NO.98, AVENUE ROAD BENGALURU-560009 D.V. NARENDRA BABU ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED 25.01.2019 PASSED BY THE 66TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DISMISSING THE CRIMINAL REVISION PETITION NO.739/2018 (ANNEXURE- B) THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Chethan A.C. learned Advocate appearing for appearing for petitioner. Perused the records.
2. Petitioner who is facing prosecution for the alleged offence punishable under Section 138 of Negotiable Instruments Act, 1881. During the course of said proceedings an application under Section 73 of Evidence Act, 1872 came to be filed with a prayer to send hand writing of D.W.2 for expert opinion for comparing the admitted hand writing of D.W.2 and to prove the defence that hand writing found in the disputed cheque is that of D.W.2. Learned trial Judge has dismissed the said application on the ground that it is for the complainant to prove the genuiness of the document namely, cheque, and also on the ground that proceedings relates to the year 2010 and pending since then. Apart from that accused himself has admitted that signature found on disputed cheque in his signature. Even accepting the plea of petitioner-accused for a moment that hand writing found on the disputed cheque is not that of the hand writing of accused, a fact remains that accused has admitted the signature found on the disputed cheque. In the teeth of Section 20 of Negotiable Instruments Act, 1881, even an uncompleted negotiable instrument handed over to the holder gives a complete authority to the holder to fill up the said instrument and the person so signing the negotiable instrument would be liable to answer the claim. Hence, I found no good ground to entertain this petition.
Accordingly, petition stands rejected.
SD/- JUDGE RU