IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.3806 OF 2017 BETWEEN:
Sri.C.V.Gururaj, Aged 50 years, S/o. Late C. Venkataswamy, R/o. No.218, Ground Floor, 2nd ‘C’ Cross, 13th Main Road, Nagendra Block, Bengaluru-560 050. ... Petitioner (By Sri.Shanthakumar.K.C, Adv.,) And:
Sri.N.Bhojaraju, Aged 41 years, S/o. Narayanappa.K.R, R/o. No.1304, Vidyapeeta Main Road, Ashoknagar, Bengaluru-560 050. ... Respondent This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 praying to quash the entire proceedings in C.C.No.12059/2016 on the file of learned XII ACMM, Bengaluru, as void barred by limitation and resulting in gross miscarriage of justice to the petitioner and also an abuse of the process of the Court below, and that such a quashing would commend itself for securing the ends of justice.
This Criminal Petition coming on for Admission, this day, the court made the following:
O R D E R Heard Sri. K.C. Shanthakumar, learned counsel appearing for the petitioner and perused the case papers.
2. As could be seen from the case papers, the respondent herein has filed a private complaint under Section 200 of Cr.P.C. read with Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’ for short) contending inter alia that the cheque issued by the petitioner for discharge of the debt, when presented has been returned with an endorsement ‘55 A/c. Blocked’.
3. It is the contention of learned counsel appearing for the petitioner-accused that cheque, which is the subject matter of C.C.No.12059/2016 (PCR No.3766/2016) is the subject matter of the complaint lodged by him before the Joint Commissioner of Police, Crime Division, Infantry Road, Bengaluru (Annexure ‘A’), and as such, if proceedings are initiated for offence punishable under Section 138 of the NI Act is allowed to continue, it would defeat the right of the petitioner. Hence, he has sought for quashing of the proceedings alternatively till the proceedings in the private complaint filed by accused comes to an end or it may be deferred till the complaint filed by him is adjudicated. As to whether the cheque which has been issued by the petitioner to the respondent-Complainant is towards discharge of the debt or otherwise are all matter of trial, which would be in the domain of the jurisdictional Magistrate to be examined. Hence, without expressing any opinion on the merits of the case, this petition is rejected by reserving liberty to the petitioner to take all such defences as may be available to him under law in the pending C.C.No.12059/2016.
4. Hence, Criminal Petition is rejected subject to, observations made hereinabove.
In view of rejection of the petition, IA.No.1/2018 for stay does not survive for consideration and same stands disposed of.
Sd/- JUDGE cp*