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.4936 OF 2016 BETWEEN:
SRI R RAVI BIDARI AGED ABOUT 29 YEARS, S/O RAMANNA GOWDA, BUSINESS MAN BY PROFESSION, RESIDENT OF "SANGAMESHWARA NILAYA" 2ND CROSS, BARAGERI BEEDHI, HOLALKERE ROAD, CHITRADURGA-577501. ... PETITIONER (BY SRI: RAGHAVENDRA K, ADVOCATE) AND 1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, MADIKERI TOWN POLICE STATION, MADIKERI-577501.
2. SRI M M POOVANNA AGED ABOUT 41 YEARS, S/O SRI M.B. MANDANNA, ARANA MECIALS NEAR INDIAN BANK, COLLEGE ROAD, MADIKERI KODAGU DISTRICT-571201. ... RESPONDENTS (BY SRI: DILDAR SHIRALLI, HCGP FOR R1;
SRI: BALASUBRAMANYA B.N., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR FILED BEFORE THE PRL. CIVIL JUDGE (JR.DN.) AND J.M.F.C., MADIKERI, KODAGU DISTRICT, IN CR.NO.64/2016 REGISTERED AT MADIKERI TOWN POLICE STATION., MADIKERI ON THE BASIS OF THE COMPLAINT OF THE 2ND RESPONDENT HEREIN, FOR OFFENCES WHICH ARE MADE PENAL UNDER SECTIONS 406,420 AND 120(B) R/W 34 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioner, learned counsel for respondent No.2 and learned HCGP for respondent No.1. Perused the records.
2. Respondent No.2 herein filed a complaint under section 138 of N.I. Act for dishonour of cheque bearing No.093792 for Rs.25.00 lakhs. Said complaint was filed on 05.05.2016. Petitioner herein was accused No.2 in the said case. Earlier thereto, on 10.12.2015, petitioner herein had filed a complaint before the Court of learned Prl. Civil Judge(Jr.Dn.) & JMFC, Chitradurga, interalia contending that the aforesaid cheque was given by respondent No.2/complainant towards discharge of debt due to him. In the instant complaint, it was alleged by respondent No.2 that there was financial transactions between him and one M.U. Machaiah and in this regard, in the year 2004, he borrowed a sum of Rs.10.00 lakhs from Sri. M.U. Machaiah and towards repayment of the same, he issued four cheques and one such cheque was given to the petitioner who was a friend of Sri. M.U. Machaiah, which has been misused by the petitioner to lay a false claim against him.
3. Undisputedly, in respect of very same cheque, proceedings are initiated by the petitioner herein under section 138 of N.I. Act. The allegations made in the complaint are in the nature of defence in PCR No.658/2015 registered against respondent No.2 and the same is required to be substantiated by adducing necessary evidence. These allegations cannot be a basis for subsequent complaint filed against the petitioner. Hence, the FIR initiated against the petitioner in Crime.No.64/2016 cannot be sustained.
Accordingly, reserving liberty to the petitioner to canvass the contentions before the criminal court in PCR No.658/2015, petition is allowed and the FIR registered against the petitioner in Cr.No.64/2016 for the alleged offences under sections 406, 420, 120-B r/w 34 IPC is quashed.
Liberty is reserved to the second respondent to urge the contentions before the criminal court in PCR No.658/2015.
In view of disposal of the main matter, I.A.NO.1/18 for vacating stay does not survive for consideration. Accordingly, it is disposed of.
Sd/- JUDGE *mn/-