IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.1548/2014 BETWEEN:
Sri. P. Somesh, S/o. Late Papaiah, Aged about 40 years, Residing at No.212, Ramagondanahalli, Whitefield Post, Bengaluru – 560 066. …Petitioner (By Sri. Srinivasan T., Advocate-Absent) AND:
Sri. Shivakumar, Son of Ramakrishnappa, Aged about 37 years, Residing at No.212, Ramagondanahalli, Whitefield post, Bengaluru – 560 066. ...Respondent (By Sri. N.Naresh, Advocate) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the order dated 25.02.2014 in C.C.No.26133/2011 pending before the XIV ACMM, Bengaluru, for the alleged offences p/u/s 138 of N.I.Act.
This Criminal petition coming on for Admission this day, the Court made the following:
O R D E R This petition is filed under Section 482 of Cr.P.C., seeking to quash the order dated 25.02.2014 in C.C.No.26133/2011 pending on the file of XIV Additional Chief Metropolitan Magistrate, Bengaluru (SCCH No.20), for the alleged offence punishable under Section 138 of Negotiable Instruments Act.
2. By the impugned order the application filed by the petitioner herein under Section 311 of Cr.P.C. has been rejected. Even after filing of this petition, the proceedings before the trial Court appears to have been continued. The learned counsel for the respondent submits that the petitioner herein has examined himself as DW.1 and did not tender himself for cross-examination, as a result, the matter is now set down for arguments. Even before this Court, the learned counsel for the petitioner has not appeared to substantiate the grounds urged in the petition warranting interference by this Court in exercise of jurisdiction under Section 482 of Cr.P.C. Hence, I do not find any justifiable grounds to admit the petition.
Accordingly, petition is dismissed.
Sd/- JUDGE Sv/-