IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.4899/2017 BETWEEN:
SRI MOHAMMED ASHRAF AGED ABOUT 32 YEARS, S/O. P. ISMAIL, KELTHAGE HOUSE, KANYADI VILLAGE AND POST, BELTHANGADY TALUK, D.K. – 574 214. ... PETITIONER (BY SRI YOHAN AND KARUNAKAR .P, ADVOCATES) AND:
MR. MOHAMMED ALTHAF S/O. K. ABDUL RAZZAK, AGED ABOUT 37 YEARS, R/AT UMAIY GARDENS, VANAMALIDAS COMPOUND, B.R. KARKERA ROAD, PANDESHWAR, MANGALORE, D.K. – 574 101. ... RESPONDENT ***** THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN PRIVATE COMPLAINT PCR.NO.171/2016 AND NOW NUMBERED AS C.C.NO.839/2016 BY THE V JMFC, MANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Respondent herein has filed a complaint under Section 200 of Cr.P.C. alleging that petitioner – accused has committed an offence punishable under Section 138 of the Negotiable Instruments Act, by not honouring the cheque issued by him for repaying the debt of Rs.5,00,000/- [Rupees five lakhs only].
2. Contending that cheque in question was a self cheque, which had been signed and kept for day- to-day business appears to have been misused, petitioner – accused has sought for quashing of the proceedings.
3. At the time of considering the prayer for quashing of the proceedings, the probable defence that may be set up by the accused would not be a ground to exercise extra ordinary jurisdiction under Section 482 of Cr.P.C.
4. No ground is made out to admit this petition. Hence, criminal petition stands rejected.
SD/-
JUDGE *mvs