IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6962/2018 BETWEEN:
R. BASAVARAJU S/O. RANGAPPA AGED ABOUT 54 YEARS CHANNENAHALLY VILLAGE HIRISAVE HOBLI CHANNARAYAPATTANA TALUK HASSAN DISTRICT-573 116. ... PETITIONER (BY SRI CHANDRASHEKARA K.A., ADV.) AND:
A.N. MANJUNATHA S/O. NANJAPPA AGED ABOUT 58 YEARS RESIDENT OF GARDEN HOUSE ARUVANAHALLI VILLAGE SRAVANABELAGOLA HOBLI CHANNARAYAPATTANA TALUK HASSAN DISTRICT-573 116. ... RESPONDENT THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE ORDER DATED 30.04.2018 PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C., CHANNARAYAPATNA IN C.C.NO.41/2012 AND ALLOW THE APPLICATION FILED UNDER SECTION 91 OF CR.P.C.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for orders on office objection, at request of learned counsel appearing for petitioner, it is taken up for final disposal.
2. Heard Sri K.A.Chandrashekar, learned counsel appearing for petitioner and perused the impugned order dated 30.04.2018 whereunder application filed by petitioners under Section 91 Cr.P.C for summoning the Managers of Corporation Bank of Shravanabelagola and Channarayapatna Branches to tender evidence in order to know the authenticity and credibility of the cheque and endorsement issued at Exhs.P1 to P3 has been dismissed.
3. As rightly observed by the trial Court, application is bald and vague. No reasons are assigned as to why evidence of Bank Managers are required to be tendered. If burden which is to be discharged by the complainant is not discharged, it is for petitioner- accused to make use of the same before the trial Court.
I do not find any good ground to entertain this petition. Hence, same is dismissed.
Sd/- JUDGE akc