IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1480 OF 2019 BETWEEN:
M.C. ASHOK S/O CHANNE GOWDA M.S AGED ABOUT 49 YEARS PROPRIETOR SRI LAKSHMI VENKATESHWARA COFFEE TRADING, OKKALIGARA SANGA COMPLEX, A.I.T CIRCLE, KADUR ROAD CHIKKAMAGLUR-577 102 … PETITIONER (BY SHRI. GURURAJ JOSHI, ADVOCATE) AND:
Y.N. MALLESHGOWDA @ Y.N. MALLESH S/O LATE SRI. Y.D. NANJEGOWDA AGED ABOUT 64 YEARS PROPRIETOR LINGAPURA ESTATE, AREHALLI HOBLI BELUR TALUK HASAN DISTRICT-573 101 ... RESPONDENT (BY SHRI. S. SHIVANANDA, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 16.01.2019 IN C.C.NO.915/2016 PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C., BELUR.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Complainant before the Trial Court having initiated proceedings under Section 138 of Negotiable Instruments Act, 1881, filed an application seeking direction to the accused to deposit 20% of the cheque amount. Learned Trial Judge has allowed the said application and directed the accused – petitioner to deposit the said amount within 60 days. The said order is under challenge in this petition.
2. Learned advocate for the respondent, in his usual fairness, submits that the said application has been allowed before plea was recorded. This is impermissible in law. Resultantly, the order dated 16.01.2019 in C.C.No.915/2016 passed by Civil Judge & JMFC, Belur, is set-aside and the matter is remitted to the learned Magistrate. This petition is disposed of with a direction to consider the complainant’s application after recording plea.
3. As prayed for by learned advocate for the respondent there shall be a direction to the learned Magistrate to dispose of the matter expeditiously as complaint is filed in the year 2016.
No costs.
Sd/- JUDGE AV