IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1696 OF 2016 BETWEEN:
SRI. M. M. POOVANNA AGED ABOUT 41 YEARS, S/O. M.B. MANDANNA, ARNA MEDICALS, COLLEGE ROAD, MADIKERI, KODAGU DISTRICT-571 201.
... PETITIONER (BY SRI: B.N.BALASUBRAMANYA, ADVOCATE FOR SRI: PRABHUGOUDA B TUMBIGI, ADVOCATE) AND SRI. R. RAVIBIDARI AGED ABOUT 29 YEARS, S/O. RAMANNA GOWDA, WHOLE SALE BUSINESS, R/O. SANGAMESHWARA NILAYA, 2ND CROSS, BARAGERI BEEDI, HOLALKERE ROAD, CHITRADURGA-577501.
(BY SRI: HARSHA M., ADVOCATE FOR SMT: RASHMI JADHAV, ADVOCATE) ... RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH PROCEEDINGS PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DVN) AND J.M.F.C. COURT, CHITRADURGA IN C.C.NO.103/2016 (PCR.NO.658/2015) FOR THE OFFENCE P/U/S 138 OF N.I.ACT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioner and learned counsel for respondent. Perused the records.
2. Petitioner has sought to quash the proceedings in C.C.No.103/2016 on the file of learned Prl. Civil Judge and JMFC, Chitradurga.
3. Respondent herein instituted the proceedings under section 200 Cr.P.C. seeking action against the petitioner under section 138 of N.I. Act on the ground that the cheque issued by the petitioner towards repayment of debt of Rs.25.00 lakhs was dishonoured as ‘account closed’.
4. Learned counsel for the petitioner submits that in the reply notice, the petitioner has put forth true facts to the effect that petitioner had no transaction whatsoever with respondent/complainant; that the respondent at the behest of Sri. M.U. Machaiah, S/o Late M.C. Uttappa, Chitradurga misused the subject cheque.
5. The contention urged by the petitioner is by way of defence which requires to be substantiated only during the course of trial by adducing evidence. Even otherwise, the said contention cannot be a ground to quash the proceedings. There are clear averments in the complaint which make out the ingredients of offence under section 138 of N.I. Act. Subject cheque is attached with the presumption. It is only by getting over the said presumption, by adducing rebuttal evidence, the petitioner can come out of the alleged offence. In that view of the matter, no ground having been made to quash the proceedings, the petition is dismissed.
Sd/- JUDGE *mn/-