IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7047 OF 2013 BETWEEN:
1. M/S ENERCON (INDIA) INFRASTRUCTURE PVT LTD PRESENTLY KNOWN AS WIND WORLD (INDIA) INFRASTRUCTURE PVT LTD REP BY ITS DIRECTOR CORPORATE OFFICE AT WIND WORLD TOWERS A-9, VEERA INDUSTRIAL ESTATE ANDHERI (W), MUMBAI-52 ALSO AT ITS BRANCH OFFICE III FLOOR, CASA BRIGITTE NO.10, BRUNTON ROAD BANGALORE-560025 2. YOGESH JOGINDERNATH MEHRA DIRECTOR OF ENERCON (INDIA) INFRASTRUCTURE PVT LIMITED PRESENTLY KNOWN AS WIND WORLD (INDIA) INFRASTRUCTURE PVT LTD 3. AJAY JOGINDERNATH MEHRA DIRECTOR OF ENERCON (INDIA) INFRASTRUCTURE PVT LIMITED PRESENTLY KNOWN AS WIND WORLD (INDIA) INFRASTRUCTURE PVT LTD SL. NOS. 2 & 3 R/AT NO. 201 ’HARE KRISHNA’ PRESIDENCY SOCIETY NORTH SOUTH ROAD NO.78, VILE PARLE (W) MUMBAI-400049 ... PETITIONERS (BY SRI: H.R.NARAYANA RAO, ADVOCATE FOR SRI: P.N.RAJESWARA, ADVOCATE) AND 1. CANARA BANK MARUTHI MANSION CUNNINGHAM ROAD BANGALORE-560052 REP BY ITS SENIOR MANAGER SRI H V SHESHADRI 2. M/S CREATIVE POWER ENGINEERS PVT LTD 77, 16TH CROSS, I MAIN AECS LAYOUT, SANJAYNAGAR BANGALORE-560094 REP BY ITS MANAGING DIRECTOR MR RADHAKRISHNA RAO ... RESPONDENTS (BY SRI: M S HARISH KUMAR, ADVOCATE-ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 26.06.2013 IN PROCEEDINGS IN C.C.NO.9479/2013 ON THE FILE OF THE 16TH A.C.M.M., BANGALORE AT ANNEXURE-A.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioners.
Petitioners have sought to quash the proceedings in C.C.No.9479/2013 registered for the offence punishable under section 138 of N.I. Act.
2. A private complaint was filed against the petitioners for dishonour of cheque bearing No.652026 dated 19.11.2012 drawn on IDBI Bank, Mumbai.
3. Learned counsel for the petitioners’ submits that the entire amount of the cheque has been paid and no amount was due by the petitioners as on the date of presentation of the cheque. In support of his submission, learned counsel has referred to the letter dated 30.03.2013 issued by M/s. Creative Power Engineers (Pvt.) Ltd., Bengaluru viz., complainant No.2 which reads as under:-
“We hereby confirm that we have received Rs.19569511/- towards our dues payable towards total principal amount of bills from Wind World India Infrastructure Pvt. Ltd., vide UTR No.UTBH 13089058319 dated 30th March 2013. This is full and final settlement towards our principal amount due from Wind World India Infrastructure Pvt., Ltd., Only the interest amount on the same has to be settled and paid to us on overdue payments. You have also to issue the TDS certificates for the deductions made by you on our bills.”
4. The above letter does not even remotely refer to the alleged cheque nor does it say that the amount mentioned in the cheque has been received by the complainant. Under the said circumstances, based on the said letter, the proceedings cannot be quashed. However, in view of the submission made by learned counsel for the petitioners that no amount was due by the petitioners and the entire amount was settled, liberty is reserved to the petitioners to move necessary application before the trial court seeking to compound the offence in terms of the judgment of the Hon’ble Supreme Court in the case of DAMODAR S. PRABHU vs SAYED BABALAL H, reported in (2010) 5 SCC 563 and METERS AND INSTRUMENTS PRIVATE LIMITED & Others vs. KANCHAN MEHTA, AIR 2017 SC 4594.
Petition is disposed of in terms of the above order.
Sd/- JUDGE *mn/-