IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 6101 OF 2015 BETWEEN:
SMT. D.C. MANJULA WIFE OF LATE GANGADHARA GOWDA AGED ABOUT 58 YEARS RESIDING AT NO 18 HIG HUDCO CHIKMAGALUR – 577101. ... PETITIONER (BY SRI.VINAYAK KAMATH.N, ADV. FOR C.N.KAMATH, ADV.) AND:
SRI. M.R. MAHESH S/O RAMACHANDRA SETTY AGED ABOUT 35 YEARS RESIDING AT:
C/O OF SRI. M.R.SHANKARANANDA MURTHY ASSISTANT ENGINEER NO 2 TELEPHONE EXCHANGE QUARTERS BELT ROAD, CHICKMAGALUR – 577101. ... RESPONDENT (BY SRI.K.S.GANESH, ADV.) THIS CRL.P FILED U/S.482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1903/2005 PENDING ON THE FILE OF I ADDL. C.J. (JR. DN.) AND J.M.F.C., CHIKMAGALUR.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
2 O R D E R Heard learned counsel for the petitioner. Learned counsel for respondent is absent.
2. The only ground raised by the learned counsel for the petitioner (hereinafter referred to as ‘accused’) is that the accused has repaid the entire cheque amount and in proof thereof, receipt issued by the complainant was produced before the trial court at Ex.D.8, inspite of that the trial court is proceeding with the matter, which is patently illegal and an abuse of process of the court.
3. Undeniably, the petitioner has produced the document during the course of trial. The said document is required to be considered and appreciated by the court only at the time of final hearing of the matter. The petition, therefore is premature. Reserving liberty to the petitioner to canvass the said plea before the trial court at the stage of final hearing, Criminal Petition is disposed of.
Sd/- JUDGE psg*