IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6392/2015 BETWEEN:
1. Narayana (Principal) Sri. Sai Shankar Institute of Education Aged 55 years (DED) Prashanthi Nilaya Mathur, Ponnampet Post S. Kodagu – 571 216.
2. K. Zaru Ganapathy (President) Sri. Sai Shankar Institute of Education Aged 54 years (DED) Prashanthi Nilaya, Mathur, Ponnampet Post, S. Kodagu – 571 216.
(By Mr. T.A. Tarumbaiah, Advocate) AND:
Canara Bank, Ponnampet Branch By its Principal Officer Manager & P.A. Holder Sri B. Chandrashekar Naidu Aged 57 years, Senior Manager Canara Bank, Ponnampet Branch Kodagu – 571 216.
(By Mr. H.S. Rukkoji Rao, Adv.) …Petitioners ...Respondent This Criminal petition is filed under Section 482 of Cr.P.C. praying to call for the entire records in C.C.No.1121/2013 from the file of the Civil Judge and JMFC, Ponnampet and quash Annexure A the complaint dated 27/03/2012 in P.C.No.26/2012 and to quash Annexure F the proceedings in C.C.No.1121/2013 on the file of the Civil Judge and JMFC, Ponnampet, in the interest of justice and equity.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R The petitioners have sought to quash the proceedings in C.C.No.1121/2013 arising out of P.C. NO.26/2012 on the file of the learned Civil Judge and JMFC, Ponnampet.
2. Heard the learned counsel for the parties.
3. The learned counsel for Respondent submits that the parties have already let in their evidence, the trial has already concluded and the same is at the stage of arguments.
4.. Petitioners have sought to quash the proceedings on the ground that the cheque in question was not drawn in the name of the complainant and as such the very initiation of the action being contrary to Section 138 of the Negotiable Instruments Act, the proceedings are liable to be quashed.
5. Since the said issue has already been seized by the Trial Court and the parties have already adduced their evidence in support of their respective contentions, it is not proper to quash the proceedings at this stage. Hence, keeping open all the contentions including the maintainability of the petition urged by the petitioners to be canvassed before the Trial Court, the petition is dismissed.
In view of dismissal of the main matter, I.A.No.1/2015 for stay does not survive for consideration and is accordingly dismissed.
Sd/- JUDGE BMV*