IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.1331 OF 2019 BETWEEN:
1. Sri.V.Shekar, S/o Sri. Venkatappa, Aged about 38 years.
2. Smt. R.Manasa, W/o V.Shekar, Aged about 34 years, Both are residing at No.V2, 4th Floor, 3rd Cross, KSSIDC, Electronic City, Phase-I, Bengaluru-560 100. …Petitioners (Sri.K.N.Dayalu, Advocate) AND Sri. R.G.Anil, S/o Sri.R.Gopal Reddy, Aged about 32 years, R/at No.62, Sapna Sadana, MCHS Colony, 5th A cross, BTM Layout, 2nd Stage, Bengaluru-560 076. …Respondent (Sri. P.N.Manmohan, Advocate) This criminal petition is filed under Section 482 of CR.P.C praying to quash the order dated:05.11.2018 passed in P.C.R.No.11747/2018 now converted to C.C.No.28845/2018 on the file of XXII Addl. C.M.M. Bengaluru that is Annexure-F by dismissing the complaint.
This petition, coming on for admission, this day, the Court made the following:
O R D E R The petitioners have sought the following reliefs:
(i) This Hon’ble Court be pleased to call for the records in C.C.No.28845/2018 (PCR. 11747/2018), on the file of the learned 22nd Additional Chief Metropolitan Magistrate, Bengaluru;
(ii) Quash the order dated 05.11.2018, passed in PCR.11747/2018, now converted to CC 28845/2018, on the file of the 22nd Additional Chief Metropolitan Magistrate, Bangalore, that is Annexure-F and by dismissing the complaint;
(iii) And prays for such other relief or reliefs, as this Hon’ble Court deems fit, in the circumstances of the case, including the costs of the above petition, in the interest of justice and equity.”
2. There were certain sale consideration among the petitioners and complainant which has resulted in dishonour of the cheque bearing No.265575 for a sum of Rs.26,96,000/- (Rupees Twenty six lakhs ninety six thousand only) drawn on Axis Bank, Jayanagar Branch, Bengaluru, dated 27.06.2018.
3. The undisputed facts are that first petitioner hads issued cheque in favour of sole respondent under Section 138 of Negotiable Instruments Act (for short, ‘NI Act’).
Signatory alone should be arraigned as party to the proceedings. The second petitioner is only a party to the sale proceedings. Having regard to the fact that signatory of the cheque is first petitioner - Sri V.Shekar, Section 138 procedings against the second petitioner - Smt.R.Manasa is not maintainable. Accordingly, proceedings in C.C.No.28845/2018 in so far as the second petitioner Smt.R.Manasa is set aside.
Petition allowed in part.
Sd/- JUDGE Cm/-