IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1842 OF 2013 BETWEEN:
Siriyara Muddanna Shetty, Aged about 54 years, S/o Late Duggappa Shetty, Market Post office building, Main Road, Near Bus Stand, Kundapura, Udupi District-576 201. …Petitioner (By Sri.P.Karunakar, Advocate) AND:
Karnataka Vikasa Gramina Bank, Kumta Branch, Kumta Taluk, Uttara Kannada District-581 302, By its Branch Manager, Sri.Krishna Subbaraya Bhatta. ...Respondent (By Sri. M.R.Shashidhar, Advocate) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C.No.718/2011 pending on the file of the J.M.F.C., Kumta.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned counsel for the respondent.
Petitioner has sought to quash the proceedings in C.C. No.718/11 pending on the file of Judicial Magistrate at Kumta. The said proceedings were initiated based on the complaint lodged by the respondent herein under S.138 of the Negotiable Instruments Act, alleging dishonour of cheque issued by the petitioner for Rs.20,000/-.
When the matter was taken up for hearing, learned counsel appearing for the respondent submits that the entire amount is paid by the petitioner and the loan account is closed.
In view of the said submission, the proceedings initiated against the petitioner deserves to be quashed. Accordingly the petition is allowed. The proceedings initiated against the petitioner in C.C No.718/2011 on the file of Judicial Magistrate, Kumta, is hereby quashed.
Sd/- JUDGE sac*