IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6885/2014 BETWEEN:
SRI SHREENATH HEGDE S/O LATE SRI RAMA HEGDE AGED ABOUT 53 YEARS R/A NO.1, ‘SWATHI’ 1ST CROSS, ANNAYAPPA LAYOUT 80 FEET ROAD, RMV 2ND STAGE GEDDALAHALLI, SANJAYNAGAR BANGALORE-560094 (BY SRI. PRASHANTH U. T., ADV. FOR SRI. M S BHAGWAT, ADV.) AND SRI S. BABU MAHENDER S/O SRI C K SUKUMARAN AGED ABOUT 48 YEARS R/A NO.802, 8TH MAIN, 4TH B CROSS RAOD HRBR LAYOUT, KALYANAGAR BANGALORE-560043 ... PETITIONER ... RESPONDENT (BY SRI. R KIRAN, ADV. - ABSENT) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT AND ENTIRE PROCEEDINGS IN C.C.NO.51181/14 ON THE FILE OF THE XIV ADDL.C.M.M., MAYOHALL UNIT, BANGALORE (ANNEXURE- A AND B).
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is arising out of the proceedings initiated against the petitioner under Section 138 of the N.I.Act.
2. Counsel for the petitioner submits that the cheque in question is not issued on the account maintained by the petitioner and as such, the prosecution of the petitioner under Section 138 of N.I.Act is not tenable. In support of his submission, learned counsel has placed reliance on the decision of this Court in Deepa Finance Corporation and Another vs. A.K.Mohammad (ILR 2001 KAR 4310).
3. The averments made in the complaint and the material produced in support thereof clearly disclose that the cheque in question is signed by the petitioner. Though the learned counsel for the petitioner contends that the account relating to the said cheque is standing in the name of the Proprietor of M/s. Siddarth Enterprises, yet, whether the petitioner is also one of the proprietor or partner of the said Concern could be decided only during trial. The contentions urged by the petitioner are disputed questions of fact, which cannot be gone into by this Court under Section 482 of Cr.P.C.
4. Hence, keeping open all these contentions to be urged before the trial court, the petition is dismissed.
Srl.
Sd/- JUDGE