IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.7378 OF 2018 C/W CRIMINAL PETITION No.6248/2018 BETWEEN:
1. SHRI SHASHI KUMAR NAGARAJI S/O SHRI SWAMINATHAN, AGED ABOUT 41 YEARS, 2. SHRI SANJAY KUMAR NAGARAJI S/O SHRI SWAMINATHAN, AGED ABOUT 39 YEARS, 3. SHRI SWAMINATHAN NAGARAJI AGED ABOUT 60 YEARS, ALL ARE DIRECTORS, SARAVANA ALLOY STEELS (P) LTD., NO.21/D, 22, INDUSTRIAL SUBRUB, 2ND STAGE, TUMKUR ROAD, YESHWANTHAPURA, BENGALURU-560 022.
…COMMON PETITIONERS (BY SHRI K.S.GANESHA, ADVOCATE) AND:
M/S TIRTHDAS & SONS, REP. BY ITS PROPRIETOR SHRI DAMODAR T.BATHIJA, S/O LATE TIRTHDAS, NO.102/104, MONEY CHAMBERS, 1ST FLOOR, NO.6, K.H.ROAD, BENGALURU-560 027. REP. BY ITS SPA HOLDER SHRI PURSHOTAM T.BATHIJA, AGED ABOUT 66 YEARS, S/O TIRTHDAS.
… COMMON RESPONDENT (BY SHRI SAMUEL S.DAMDIN, ADVOCATE) CRL.P.NO.7378/2018 IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 30.06.2018 IN TAKING COGNIZANCE AND ISSUING PROCESS AGAINST THEM BY THE XX ADDL. C.M.M., BENGALURU IN C.C.NO.17743/2018.
CRL.P.NO.6248/2018 IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 28.04.2018 IN TAKING COGNIZANCE AND ISSUING PROCESS AGAINST THEM BY THE XX ADDL. C.M.M., BENGALURU IN C.C.NO.10441/2018.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER These two petitions have been presented by accused Nos.3, 4 and 5 in criminal proceedings initiated against them by the respondent M/s Tirthdas & Sons under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the “Act”) pursuant to dishonour of cheques bearing Nos.485351 and 485383 in Crl.P.No.7378/2018 and cheques bearing Nos.485350 and 146093 in Crl.P.Nos.6248/2018 issued by M/s Saravana Alloy Steels (P) Limited of which petitioners are the Directors.
2. The solitary ground urged by Shri K.S.Ganesha, learned advocate for the petitioners in both these petitions is that there is no specific averment with regard to complicity of petitioners in the alleged offence. There is no description in the complaint as to the manner in which petitioners are involved in issuance of cheques.
3. Shri Samuel S.Damdin, learned advocate for the respondent in his usual fairness submitted that there are no specific averments against the petitioners and the complainant does not desire to proceed further against the petitioners herein. His submission is placed on record.
4. In view of submissions made by the learned advocate for the respondent, these petitions merit consideration and they are accordingly allowed. The proceedings in C.C.No.17743/2018 in Crl.P.No.7378/2018 and C.C.No.10441/2018 in Crl.P.No.6248/2018 pending on the file of XX Addl. CMM, Bengaluru, against the petitioners are quashed.
No costs.
Sd/- JUDGE PB