IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1315 OF 2016 BETWEEN:
SNEHASHRI M.S. D/O. M.S. SURESH, AGED ABOUT 29 YEARS, RESIDING AT NO.155, MANSA, KRSTC LAYOUT, CHIKKALASANDRA, SUBRAMANYAPURA, BANGALORE-560 078. ... PETITIONER (BY SRI: GANESH KUMAR R, ADVOCATE) AND SRI. NAGARAJ M AGED ABOUT 31 YEARS, S/O. M. MAHADEVAPPA, RESIDING AT NO.10/1, 3RD FLOOR, 9TH MAIN ROAD, SHASTRINAGAR, BANGALORE-560 028. ... RESPONDENT (BY SRI: MADHUKAR NADIG, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4138/2014 PENDING ON THE FILE OF XVI ADDL.C.M.M., BANGALORE AS AGAINST THIS PETITIONER AS BEING WITHOUT ANY AUTHORITY OF LAW.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioner and learned counsel for the respondent.
2. Petitioner has sought to quash the proceedings initiated against him in C.C.No.4138/2014 pending on the file of XVI Addl. CMM, Bengaluru for the alleged offences punishable under sections 138 and 142 of N.I. Act.
3. Learned counsel for the respondent has no objection to allow the petition as the cheque in question is not issued by the petitioner and does not bear the signature of the petitioner.
In view of the above facts, petition is allowed. Impugned proceedings pending on the file of XVI Addl. CMM, Bengaluru in C.C.No.4138/2014 are quashed only insofar as the petitioner viz., accused No.2 is concerned.
*mn/-
Sd/- JUDGE