IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 373/2016 BETWEEN:
P SUBRAMANYA BHAT S/O MAHALINGESHWARA BHAT, AGED ABOUT 40 YEARS, R/AT NANDA GOKULA, NAJALU HOUSE, NELLUR KEMRAJE VILLAGE AND POST, SULLIA TALUK D.K-574248 (BY SRI. K. M. MANOHAR, ADV. FOR SRI. KRISHNAMOORTHY D, ADV.) AND K SATYASHANKAR S/O GOPALAKRISHNAYYA K AGED ABOUT 43 YEARS, R/AT NARNAKAJE HOUSE NELLUR KEMRAJE VILLAGE AND POST, SULLIA TALUK .D.K-574248 ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.32/2015 (PCR NO.174/2014) ON THE FILE OF THE CIVIL JUDGE AND JMFC, SULLIA AGAINST THE PETR. HEREIN.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is aggrieved by the initiation of criminal action against the petitioner for the alleged offence punishable under Section 138 of the Negotiable Instruments Act.
2. The only contention urged by the petitioner is that the cheque in question was lost in the year 2013. In this regard, petitioner had lodged a complaint before the jurisdictional police on 10.05.2013. Therefore, the respondent could not have instituted the complaint based on the alleged dishonour of the cheque.
3. Contention urged by the petitioner is a matter of defence which requires to be substantiated only during the trial. The said plea cannot be a ground to quash the proceedings. The respondent has instituted prosecution based on the cheque issued by the petitioner. Whether the said cheque was lost prior to the date of issuance of said cheque, is a matter of fact which could be decided only by the trial Court in a full-fledged trial. The proceedings therefore cannot be quashed on the basis of the plea set up by the petitioner.
Consequently, the petition being devoid of merit is dismissed.
Sd/- JUDGE VP