IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.4484 OF 2019 BETWEEN:
Mrs.NIVEDITHA ILLAMARAN, AGED ABOUT 48 YEARS W/O SRI ILLAMARAN, RESIDING AT NO.12/22, GILCHRIST AVENUE, HARRINGTON ROAD, CHETPET, CHENNAI-600 031 TAMIL NADU STATE. ...PETITIONER (By Sri SUKUMARAN.G., ADVOCATE) AND:
M/s. MULTIPLE SPECIAL STEEL PRIVATE LIMITED, (FORMERLY MULTIPLE AGENCIES, BOMBAY) ESTABLISHED IN 1961, NOW AT SY.NO.30/1, SHANTIPURA MAIN ROAD, (NEAR VEERSANDRA INDUSTRIAL AREA), HUSKUR – 560 099 AND ALSO AT BO.
#49, VASTUSALA RESIDENCY, ALASANTHAM ROAD, AVALAHALLI, HOSUR – 635 109 AND WITH AT H.O., OLD #352-A, NEW #406-A, SANGANOOR ROAD, GANAPATHY, COIMBATORE, REPRESENTED BY ITS AUTHORIZED SIGNATORY SENIOR ACCOUNT MANAGER, SURESH KUMAR.S.A. ...RESPONDENT THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND ALL FURTHER PROCEEDINGS IN C.C.NO.11200 OF 2018 PENDING BEFORE THE 42ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has sought for quashing of the complaint and all further proceedings in C.C.No.11200 of 2018 pending before the 42nd Additional Chief Metropolitan Magistrate, Bengaluru.
2. Brief facts of the case are as under:
“1. The brief averments as can be gathered from the complaint dated 10.04.218 are that, the respondents have not stated or disclosed the cheque bearing No.00019 dated 27.01.2018 for a sum of Rs.50,000/- is issued for the debts or liability to the Respondent’s company nor the petitioner had any kind of business with them and the question of she is regular customer of the respondents alleged said to have been purchased the steel materials by her from the respondents, etc., and the cheque in question issued subject to transfer of the amount NEPT and RTGS as per agreement dated 09.09.2017 and questioning of the respondents presenting and returned on 05.02.2018 as Accounts closed and committing the alleged offence under Section 138 of the N.I. Act, as alleged stated in the complaint filed by the complainant who have mischievously filed the criminal case against the petitioner illegally and unlawfully. The copy of the criminal complaint is enclosed and marked as Annexure-‘A’ for kind perusal of this Hon’ble Court”.
2. Learned counsel for the petitioner submitted that the aforesaid transaction was among the husband of the petitioner and respondent which has taken place at Chennai on 09.09.2017 under terms of the Agreement.
He further submitted that respondent has suppressed certain factual aspects while filing the criminal case.
3. On perusal of the records, it is seen that the ingredients of Section 138 of Negotiable Instruments Act is not made out in the case of the respondent. It is not appropriate to interfere with the 138 proceedings, which was initiated in C.C.No.11200 of 2018 by the respondent. If there is any lacuna in non-compliance of Section 138 of Negotiable Instruments Act, it is for the petitioner to urge before the competent court where C.C.No.11200 of 2018 is being proceeded. Accordingly, petitioner has made out a case. Petition stands dismissed, reserving liberty to the petitioner to urge the grounds, which were urged in the present petition before the court below.
Sd/- JUDGE DH