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.6531/2016 BETWEEN:
1. M/s Mplex Networks Pvt Ltd "Aerolex Centre"
No. 109, 3rd Floor, K.H. Road, Bangalore 560027. Represented by Managing Director, Sri. Pratap Shivkumar Wadhwa 2. Sri. Prataap Shivkumar Wadhwa Managing Director, M/s Mplex Networks Pvt. Ltd, # 165, 9th Main, 3rd Cross, RMV Extension, Sadhashiva Nagar, Bangaloare 560080 3. Sri. Harish Shivakumar Wadhwa Director, M/S Mplex Networks Pvt Ltd, # 165, 9th Main, 3rd Cross, RMV Extension, Sadhashiva Nagar, Bangaloare 560080 4. Smt. Sunetra Prakash Director, M/S Mplex Networks Pvt Ltd, # 165, 9th Main, 3rd Cross, RMV Extension, Sadhashiva Nagar, Bangaloare 560080 5. Smt Kantha Shivakumar Wadhwa Director, M/S Mplex Networks Pvt. Ltd, # 165, 9th Main, 3rd Cross, RMV Extension, Sadhashiva Nagar, Bangaloare 560080 6. Mr. David S Stephen Vice President, No. 109, 3rd Floor, K.H. Road,Bangalore 560027 (By Sri V Srinivas, Adv.) And Mr N Bharath Raj S/o. M. Nataraj, Aged About 41 Years, Telecom Contractor, # 77, 8th Cross, 1st Main, L.P.O. Vyalikaval, Bangalore 560003 (Respondent served and unrepresented) ... Petitioners ... Respondent This Criminal Petition is filed under Section 482 Cr.P.C. praying to quash the entire proceedings in C.C.No.18869/2014 on the file of XV A.C.M.M., Bangalore, registered pursuant to PCR No.6031/2014 by the respondent.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioners.
2. The petitioners/accused Nos.1 to 6 have sought for quashing the proceedings initiated against them for the offence under section 138 of the N.I. Act in C.C.No.18869/2014 on the file of XV ACMM, Bengaluru.
3. Records indicate that the petitioners have not put in appearance before the trial court and NBW issued against the petitioners have been pending execution.
4. The contention of the petitioners is that, the amount due to the complainant is settled and original cheque is returned to the petitioners. If so, it is proper for the petitioners to place those materials before the trial court and either to seek compounding of the offence or to seek for dismissal of the complaint on the purported ground.
Hence without expressing any opinion on the contentions urged by the petitioners, the petition is dismissed.
Office is directed to return the original documents to learned counsel for the petitioners, if the same are received by the office.
Sd/- JUDGE psg