IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 7TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5931/2017 BETWEEN SRI. ABDUL RAZAK, S/O SRI. ABDUL KHADER, AGED ABOUT 48 YEARS, KODANGICHIL HOUSE, JODUMARGA POST, BANTWAL TALUK-574 219 MANGALURU DISTRICT ... PETITIONER (BY SRI. NAIK RAMACHANDRA RAMA, ADV.) AND SRI. IMTHIYAZ, S/O ASHRAF G., AGED ABOUT 42 YEARS, R/AT ZEENATH,OPP. TO UDAYA APARTMENT, 1ST MAIN CROSS ROAD, SUBASH NAGAR, PANDESWAR, MANGALURU-574 217 ... RESPONDENT THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE IMPUGNED CRIMINAL PROCEEDINS INITIATED FOR THE OFFENCE P/U/S 138 OF N.I ACT, BY THE COMPLAINANT IN C.C.NO.924/2014 ON THE FILE OF THE LEARNED V - ADDL. CIVIL JUDGE, JMFC, MANGALURU.
THIS CRL.P COMING ON FOR ADMISSION A/W IA NO.1/2017 THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner.
Perused the records.
2. The petitioner has sought for quashing of the entire proceedings in C.C. No.924/2014 for the offence punishable under section 138 of the Negotiable Instruments Act.
3. No legal lapse on the part of the trial Court is pointed out in order to interfere with the cognizance taken by the learned Magistrate.
4. The records also disclose that the case has already been posted for recording of plea. It appears the parties have also submitted that, there is likelihood of settlement and the court has adjourned the case for reporting settlement.
5. In the above circumstances, I am of the opinion, no grounds are made-out at this stage to quash the entire proceedings. Hence, the petition deserves to be dismissed. Accordingly, the petition is dismissed.
In view of disposal of this case, the application-IA No.1/2017 filed for stay, does not survive for consideration. Accordingly, the said application stands disposed of.
Sd/-
JUDGE KGR*