IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7179/2013 BETWEEN SRI. KUMARESH BABU S/O LATE P M THAMMAIAH, AGED ABOUT 57 YEARS, NO.3/1,CAMBRIDGE ROAD, ULSOOR, BANGALORE. ... PETITIONER (BY SRI SHASHIKUMAR REDDY FOR SRI SRIDHAR A G, ADVs.) AND SRI S. ANAND S/O SIDDALINGACHAR, AGED ABOUT 47 YEARS, R/AT NO.33, 1ST FLOOR, K.B.S. COLONY, 2ND STAGE, 5TH CROSS, 15TH MAIN, PAPAIAH GARDEN, BASAVESHWARANAGAR, BANGALORE-79. ... RESPONDENT (BY SRI U J HARIPRASAD, ADV.-ABSENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE JUDGMENT DATED 22.08.2006 IN C.C.NO.15113/2004 ON THE FILE OF THE XVIII A.C.M.M. AND XX A.S.C.J., BANGALORE CITY, FOR THE OFFENCE P/U/S 138 OF N.I.ACT AND ACQUIT THE PETR.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner seeks time. No grounds. Prayer rejected.
2. Perused the records. Petitioner has sought to quash the judgment dated 28.08.2006 passed by XVIII ACMM and XX ASCJ, Bengaluru in C.C.No.15113/2004 whereby the petitioner has been convicted for the offence punishable under Section 138 of NI Act and is sentenced to pay fine of Rs.32,25,000/- in default of payment of fine, to undergo simple imprisonment for six months. The petitioner has approached this Court without exhausting the appeal remedy.
Hence, the petition is dismissed.
Sd/- JUDGE VM CT-HR