IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3979/2016 BETWEEN:
1. SMT. SANDHYA G., AGED 44 YEARS, WIFE OF SRI.SHIVAKUMAR, 2. SRI.NARENDRA KUMAR G., AGED 46 YEARS, SON OF LATE D.GOPAL, 3. SMT. T.LAKSHMI, AGED 66 YEARS, WIFE OF LATE D.GOPAL, ALL ARE RESIDENTS OF NO.14/2, 2ND CROSS, SRIRAMPURAM, BENGALURU – 560 021.
(BY SRI.JAGADISH BALIGA N., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY BASAVESHWARANAGAR POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
…PETITIONERS 2. SRI.D. KANTHARAJU, AGED ABOUT 66 YEARS, SON OF LATE D.DASAPPA, NO.576, 2ND ‘D’ CROSS, 6TH ‘A’ MAIN, 3RD BLOCK, 3RD STAGE, BASAVESHWARNAGAR, BENGALURU CITY – 560 079.
KARNATAKA.
…RESPONDENTS (BY SRI. I.S.PRAMOD CHANDRA, SPP-II FOR 1; SRI.G.R.PRAVEEN KUMAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.98/2016 OF BASAVESHWARANAGAR P.S., PENDING ON THE FILE OF V ACMM, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners have sought to quash the FIR in Crime No.98/2016. The said FIR is registered based on the complaint lodged by the 2nd respondent alleging that the petitioners herein obtained a cheque book containing 25 cheque leaves by misrepresentation and by forging the signature of the complainant, withdrew amount from the Bank in his name.
2. The learned counsel for the petitioners submits that the said complaint has been lodged by the 2nd respondent only after the initiation of proceedings against the complainant for dishonour of two cheques issued by him for Rs.42,00,000/- each.
3. Having regard to the allegations made against the petitioners, in my view, the allegations made in the FIR require to be investigated and hence the power under Section 482 of Cr.P.C. cannot be exercised at this stage.
For the above reasons, the petition is dismissed. Any observation made in this order shall not influence the trial Court dealing with the complaint under Section 138 of the Negotiable Instruments Act.
Sd/- JUDGE VP