IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4473 OF 2019 BETWEEN:
K. KANAGARAJ S/O KANNAN AGED ABOUT 35 YEARS NO.162, ‘SRI. MAILARALINESHWARA NILAYA’ BEHIND ‘COMMERCIAL WINES’ 20TH CROSS, MARENAHALLI BENGALURU-560 040 … PETITIONER (BY SHRI. M.B. SANTHOSH KUMAR, ADVOCATE) AND:
VENKOBA RAO K S/O KRISHNOJI RAO AGED ABOUT 32 YEARS NO.75/1, KENCHANAPURA SULIKERE POST, KENGERI HOBLI BENGALURU-560 060 ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER REJECTING TO DIRECT FOR PRODUCTION OF THREE CHEQUES DATED 11.06.2019 IN C.C.NO.208/2018 PASSED BY THE XXII A.C.M.M., AT BENGALURU CITY AND ALLOW THE APPLICATION DATED 29.03.2019 BY DIRECTING THE COMPLAINANT TO PRODUCE THE THREE CHEQUES ISSUED BY THE ACCUSED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner is accused in the proceedings initiated by second respondent under Section 138 of the Negotiable Instruments Act. He filed an application under Section 91 of Cr.P.C. for a direction to the complainant to produce his bank account, income tax details and three other cheques bearing No.8087, 8088, 8089 allegedly given by the petitioner. Complainant contested the application. By order dated 11.06.2019, learned trial Judge allowed the application in part and directed the complainant to produce income tax returns for the year 2017-18 and rejected the prayer for production of three cheques.
2. Shri Santhosh Kumar M.B., learned advocate for the petitioner assailing the correctness of the order passed by the learned trial Judge contended that three other cheques referred to in petitioner’s application are relevant because, the complainant has manipulated the cheques. The petitioner’s defence is that complainant has manipulated the cheque involved in this case also. Therefore, production of other cheques is necessary.
3. Pursuant to dishonour of cheque bearing No.8901, the complainant has initiated proceedings under Section 138 of the Negotiable Instruments Act. As prayed for by the accused, complainant has been directed to furnish income tax details. The other three cheques which the accused is alleged to have given to the complainant are not relevant for adjudication of this case. Hence, no exception can be taken to the reasons recorded by the learned Magistrate in allowing the application in part. Resultantly, this petition fails and it is accordingly dismissed.
No costs.
Sd/- JUDGE Yn.