IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.10144 OF 2017 BETWEEN:
Smt. Pavithra W/o Praveen Kumar, Aged about 31 years, R/at Kondapura Village, Kodamballi Post, V.Pura Hobli, Channapatna Taluk, Ramanagara District – 571 511. …. Petitioner (By Sri. Chandrashekar H.B., Advocate -Absent) AND:
Smt. Lavanya .B W/o Raghu C.S. Aged about 32 years, Door No.1164/02, S.B.M. Road, Fort, Channapatna Town, Ramanagara District – 571 511. … Respondent This Criminal petition is filed under Section 482 of Code of Criminal Procedure praying to quash the entire proceedings registered in C.C. No.1193/2011 pending on the file of Principal Civil Judge and JMFC at Channapatna initiated by the respondent for the offence punishable under Section 138 of Negotiable Instrument Act, vide Annexure-A.
This petition coming on for Admission, this day, the Court made the following:
ORDER Respondent herein has filed a complaint under Section 200 of Cr.P.C. against petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, contending inter alia that cheque issued by petitioner for repayment of debt when presented through his Bank, same came to be dishonoured for insufficient funds and inspite of statutory notice issued demanding payment, same was not complied and thereby accused has committed an offence punishable under Section 138 of Negotiable Instruments Act.
2. It is urged in the petition that complainant herself has admitted the issuance of cheque related to transaction with Kalpatharu Enterprises and as such, said Kalpatharu Enterprises ought to have been arraigned as accused and not the petitioner, who is its proprietrix.
3. As could be seen from the complaint filed by respondent at Annexure-D, complaint has been filed not only against petitioner as accused but also the firm Kalpataru Enterprises as an accused. Hence, interference called for in these proceedings is rejected.
In view of disposal of main petition, I.A.No.1/2017 for stay does not survive for consideration and it stands rejected.
SD/- JUDGE MBM