IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION No.528 OF 2018 BETWEEN Mr. K.V.Shaheer, S/o. Late K.V.Mohammed Koya Aged about 47 years, R/at No.Kahida Valapil House, Near Salafi Masjid, Via Vengeri Vengeri Post, Calicut-10 Kerala State.
(By Sri. Naveed Ahmed, Advocate) AND Mr. Rasheed C.P., S/o. P.P.Abbu, Aged about 48 years Prop. Iriveri Traders, R/o. Meenpet, Virajpet Town & Taluk-571218.
…Petitioner …Respondent This Criminal Petition is filed under Section 482 Cr.P.C. praying to quash the impugned complaint in PCR No.118/2017 and C.C.No.466/2017 at Annexure-A in the file of Civil Judge and JMFC, Virajpet and etc.
This Criminal Petition coming on for admission this day, the court made the following:
ORDER In the instant petition the petitioner has sought for quashing PCR.No.118/2017 and C.C.No.466/2017 on the file of Civil Judge and JMFC, Virajpet (Annexure ‘A’).
2. One of the contention raised by the petitioner is that he had issued paper publication on 7.1.2017 with regard to loss of cheque book and one of the cheque leaf is being misused by the complainant. When the cheque was dishonoured, the complainant has issued notice and consequently proceedings have been undertaken to the extent of filing the complaint under Section 200 Cr.P.C. for the offence under Section 138 of N.I.Act.
3. The above contention of the petitioner that he had notified in the newspaper regarding the loss of cheque book and thereafter what efforts he has made is not available and when complainant issued the notice, the petitioner should have filed a counter complaint urging that complainant has mis-used the cheque leave of the petitioner. Till date there is no counter complaint. Therefore paper publication notified on 7.1.2017 cannot be a ground to interfere with the P.C.R.118/2017 and C.C.466/2017 (Annexure ‘A’). Accordingly, petition is dismissed.
Sd/- JUDGE sd