IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4350 OF 2015 BETWEEN:
R.G.Srinivasa Murthy S/o late R.V.Gopalakrishna Setty Aged about 55 years R/o No.1188, Gopikantha S.Nijalingappa Layout Davangere – 576 169.
(By Sri.A.H.Bhagavan, Advocate – absent) AND:
1. Smt.R.B.Rekha W/o R.G.Bhadrinath Aged about 45 years 2. R.G.Bhadrinath S/o late R.V.Gopalakrishna Setty Aged about 53 years Respondents 1 and 2 are Residents of No.14, Kishan Near National Convent S.Nijalingappa Layout Davangere – 576 169.
…PETITIONER ...RESPONDENTS (By Sri.Tushar Y.V. for Smt.Rashmi Jadhav, Advocates) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 18.03.2014 passed by the J.M.F.C., Davanagere in C.C.No.673/2014 (PCR No.354/2013) and confirmed dated 25.04.2015 passed by the I Additional District and S.J., Davanagere in Crl.R.P. No.125/2014.
This Criminal Petition coming on for Admission, this day, the Court made the following:
O R D E R Counsel for the petitioner is absent. Perused the records.
Petitioner has sought to quash the order dated 18.03.2014 passed by the learned Judicial Magistrate First Class, Davanagee whereby the learned Magistrate on perusal of the material produced by the respondents herein has taken cognizance of the offences under Section 138 of N.I.Act.
2. The petitioner herein called in question the correctness of the legality of the said order by preferring a Revision Petition under Section 397(1) of Cr.P.C and by order dated 25.04.2015 in Crl.R.P. No.125/2014, the Revision Petition has been dismissed confirming the order passed by the learned Magistrate dated 18.03.2014 in C.C.No.673/2014.
3. No error or infirmity is made out in this petition warranting interference by this Court under Section 482 of Cr.P.C. Consequently, the petition is dismissed.
In view of the dismissal of the main petition, I.A.No.1/2015 does not survive for consideration and the same is dismissed.
Sd/- JUDGE Prs*