IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.225 OF 2016 BETWEEN:
SRI P V MALLIKARJUN S/O VEERABHADRAPPA P., AGED ABOUT 50 YEARS MAIZE TRADER, R/O MAIN ROAD, SANTHEBENNUR, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577002 (BY SRI: SHIVARAMU, ADVOCATE FOR SRI: MANJUNATHA P, ADVOCATE) AND AXIS BANK LTD HAVING ITS HEAD OFFICE AT AHAMADABAD, AND AMONG SEVERAL BRANCHES ONE AT RENUKA EXTENSION, DAVANAGERE CITY-577002 REPRESENTED BY ITS ASST. VICE PRESIDENT AND BRANCH HEAD, SRI. K. SATHISH, ... PETITIONER S/O LATE KRISHNASWAMY, AGED ABOUT 46 YEARS R/O DAVANAGERE CITY-577002.
(BY SMT: SHREEDEVI K.B., ADVOCATE FOR SRI: JAI M PATIL, ADVOCATE) ... RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITATED AGAINST THE PETITIONER FILED BY THE RESPONDENT BEFORE LEARNED JUDICIAL MAGISTRATE FIRST CLASS (I COURT) DAVANAGERE PERTAINING TO (PCR NO.193/2012) C.C.NO.463/2013 FOR THE OFFENCES PUNISHABLE UNDER SECTION 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 the petitioner and learned counsel for the respondent.
2. The only contention urged in the petition is that in respect of the alleged dues, the respondent has already initiated action in O.A.No.1528/2013 before the Debt Recovery Tribunal, Mangalore and therefore, in respect of the very same transaction, the respondent complainant could not have initiated action under Section 138 of N.I. Act.
3. This contention in my view is legally untenable. The prosecution of the petitioner is sought for dishonour of the cheque, which is an independent offence under Section 138 of N.I. Act. The suit in O.A.No.1528/2013 is for recovery of the loan due from the petitioner. The very pendency of the said proceedings would indicate that as on the date of commission of the alleged offence, a debt or liability was due by the petitioner. Under the said circumstances, the initiation of action against the petitioner under Section 138 of N.I. Act cannot be faulted with and on the purported ground, the impugned proceedings cannot be quashed.
Consequently, the petition is dismissed.
Sd/- JUDGE *mn/-