IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NOS.3252/14, 3248/14, 3249/14, 3250/14,& 3251/14 CRL.P NO 3252 OF 2014 BETWEEN SRI N. RAJESH ACHARY S/O SRI V K NAGARAJACHARY AGED ABOUT 35 YEARS R/@ NO. 2/15, 1ST MAIN ROAD 2ND CROSS, "A" NARAYANAPURA 4TH BLOCK, AKASHNAGARA BANGALORE-560016 ... PETITIONER (By Sri.S.V.RAGHAVENDRA FOR Sri.ZULFIKIR KUMAR SHAFI, ADVOCATE) AND M/S. HARA GLOBAL ESTATE REP BY SMT. LOUISA RODRIGUES (PROCUREMENT AGREEMENT HOLDER) W/O LATE SRI MANUEL RODRIGUES AGED ABOUT 80 YEARS R/A NO.4609, 6TH FLOOR HIGH POINT IV, PALACE ROAD BANGALORE-560001 REPRESENTED BY HER SPA HOLDER SRI H S SUBRAMANYA ROAD S/O SRINIVASA RAO AGED ABOUT 45 YEARS OFFICE AT HARA HOUSE NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BANGALORE-560 027 ... RESPONDENT (By Sri. S MAHESH - ADVOCATE) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED 19.07.2013 TAKEN BY THE TRIAL COURT AGAINST THE PETITIONER IN PCR NO.889/2013 AND SAME IS CONVERTED TO C.C.NO.10955/13 FILED BY THE RESPONDENT BEFORE THE XV ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BANGALORE CITY, PRODUCED AT ANNEXURE-A.
CRL.P NO 3248 OF 2014 BETWEEN SRI. N. RAJESH ACHARY S/O SRI. V.K. NAGARAJACHARY AGED ABOUT 35 YEARS R/AT NO.2/15, 1ST MAIN ROAD, 2ND CROSS, "A" NARAYANAPURA 4TH BLOCK, AKASHNAGARA BANGALORE-560 016 ... PETITIONER (BY SRI. S.V.RAGHAVENDRA FOR Sri.ZULFIKIR KUMAR SHAFI, ADVOCATE) AND SRI B.G. PRAKASH S/O SRI. GURURAJ RAO AGED ABOUT 48 YEARS NO.18, 12TH CROSS, NAGAPPA REDDY LAYOUT, RAMAMURTHYNAGARA BANGALORE-560 016 ... RESPONDENT (BY SRI. S MAHESH, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED 19.07.2013 TAKEN BY THE TRIAL COURT AGAINST THE PETITIONER IN PCR NO.869/2013 AND SAME IS CONVERTED TO C.C.NO.10954/2013 FILED BY THE RESPONDENT BEFORE THE XV ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BANGALORE CITY PRODUCED AT ANNEXURE- A.
CRL.P NO 3249 OF 2014 BETWEEN SRI. N. RAJESH ACHARY S/O SRI. V.K. NAGARAJACHARY AGED ABOUT 35 YEARS R/AT NO.2/15, 1ST MAIN ROAD, 2ND CROSS, "A" NARAYANAPURA 4TH BLOCK, AKASHNAGARA BANGALORE-560 016 ... PETITIONER (BY SRI.S.V.RAGHAVENDRA FOR SRI. ZULFIKIR KUMAR SHAFI, ADVOCATE) AND SRI K. GURURAJ RAO S/O LATE SRI. KRISHNA RAO AGED ABOUT 47 YEARS R/AT JANAKI KRISHNA NILAYA 2ND CROSS, RAJEEV GANDHI ROAD OLD EXTENSION, K.R. PURAM BANGALORE-560 036 ... RESPONDENT (BY SRI. S MAHESH, ADVOCATE) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED 19.07.2013 TAKEN BY THE TRIAL COURT AGAINST THE PETITIONER IN PCR NO.872/2013 AND SAME IS CONVERTED TO C.C.NO.10953/2013 FILED BY THE RESPONDENT BEFORE THE XV ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BANGALORE CITY, PRODUCED AT ANNEXURE-A.
CRL.P NO 3250 OF 2014 BETWEEN SRI. N. RAJESH ACHARY S/O SRI.V.K. NAGARAJACHARY AGED ABOUT 35 YEARS R/AT NO.2/15, 1ST MAIN ROAD 2ND CROSS, "A" NARAYANAPURA 4TH BLOCK, AKASHANAGARA, BANGALORE-560 016 ... PETITIONER (BY SRI.S.V.RAGHAVENDRA FOR Sri.ZULFIKIR KUMAR SHAFI, ADVOCATE) AND SRI P.M. NARAYANASWAMY S/O LATE SRI. MUNIYAPPA AGED ABOUT 55 YEARS NO.328, V.B. LAYOUT MAIN ROAD K.R. PURAM BANGALORE-560 036 ... RESPONDENT (BY SRI. S MAHESH, ADVOCATE) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED 19.07.2013 TAKEN BY THE TRIAL COURT AGAINST THE PETITIONER IN PCR NO.874/2013 AND SAME IS CONVERTED TO C.C.NO.10952/13 FILED BY THE RESPONDENT BEFORE THE XV ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BANGALORE CITY, PRODUCED AT ANNEXURE-A CRL.P NO 3251 OF 2014 BETWEEN SRI ASHOK PORWAL S/O SRI GHAVERCHAND AGED ABOUT 47 YEARS NO. 401, FIRST FLOOR 8TH MAIN, 4TH BLOCK JAYANAGAR, BANGALORE-560011 ... PETITIONER (BY SRI.S.V.RAGHAVENDRA FOR SRI.ZULFIKIR KUMAR SHAFI, ADVOCATE) AND M/S. HARA GLOBAL ESTATE REP BY SMT. LOUISA RODRIGUES (PROCUREMENT AGREEMENT HOLDER) W/O LATE SRI MANUEL RODRIGUES AGED ABOUT 80 YEARS R/A NO. 4609, 6TH FLOOR HIGH POINT IV, PALACE ROAD BANGALORE-560001,REPRESENTED BY HER SPA HOLDER SRI H S SUBRAMANYA ROAD S/O SRINIVASA RAO, AGED ABOUT 45 YEARS OFFICE AT HARA HOUSE NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BANGALORE-560027 ... RESPONDENT (BY SRI S MAHESH – ADVOCATE) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED 19.07.2013 TAKEN BY THE TRIAL COURT AGAINST THE PETITIONER IN PCR NO.888/2013 AND SAME IS CONVERTED TO C.C.NO.10956/2013 FILED BY THE RESPONDENT BEFORE THE XV ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BANGALORE CITY PRODUCED AT ANNEXURE-A.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY THE COURT MADE THE FOLLOWING O R D E R Learned counsel for the petitioners submits that he has given No Objection Certificate to the petitioners. No other counsel has entered appearance. Hence, the learned counsel for the petitioners is not permitted to retire from the case.
Learned counsel for respondent No.2 is also absent. The order-sheet discloses that even the interim order granted by this Court was vacated since the counsel appearing for the petitioners did not show any interest to prosecute the case.
2. The petitioners have sought to quash the orders taking cognizance dated 19.07.2013 passed in PCR Nos.889/2013, 869/2013, 872/2013, 874/2013 and 888/2012 respectively.
3. A perusal of the orders passed in the respective cases indicate that the learned Magistrate has perused the complaints and the documents produced along with the complaints as well as the sworn statements of the complainant. Learned Magistrate has also recorded that the complainant has made out a prima facie case against the accused for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881 and has accordingly directed registration of the cases and issued process to the petitioners herein.
4. I do not find any apparent error or infirmity in the impugned orders calling for interference by this Court in exercise of the jurisdiction under Section 482 of Cr.P.C. The petitions are devoid of merit. Accordingly, they are dismissed.
Sd/- JUDGE AKC