IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6796/2016 BETWEEN:
Divya Dattu @ Davaya Datthu W/o late Dathathreya, Aged about 53 years, R/o Chickpet, Virajpet Town Kodagu District 571 218 …Petitioner (The petitioner’s actual name is Anitha Dattu but the complainant has filed a case against the petitioner alleging her to be Divya Dattu @ Davaya Dathu. hence the same name is mentioned in the cause title) (By Sri Ajay Prabhu M, Adv. for Sri Sachin B.S. Adv.) AND:
Vinayak S/o late K.P. Kaveramma Aged about 37 years, R/o Chickpet, Virajpet Town, Kodagu District 571 218 ….Respondent. (By Sri. M Vinod Kumar, Adv.) This Criminal Petition is filed under Section 482 Cr.P.C. praying to set aside the order dated 14.06.2016 passed in Crl.R.P.No.31/2015 on the file of Court of 2nd Addl. District & Sessions Judge, Kodagu, Madikeri sitting at Virajpet and consequently allow the R.P.No.31/2015 as prayed for.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and the learned counsel for respondent.
2. The petitioner is facing trial for the offence under Section 138 of the N.I. Act.
3. The petitioner is disputing the very identity of the accused, who is prosecuted before the trial court. Under the said circumstances, it is necessary for the trial court to record a finding with regard to the disputed question of fact urged by the petitioner. Hence, this is not a fit case to quash the proceedings under Section 482 of Cr.P.C.
Without expressing any opinion on the contentions urged by the petitioner and reserving liberty to the petitioner to urge their contentions before the trial court, petition is dismissed.
Sd/- JUDGE psg