IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.4684/2015 BETWEEN:
1. Srikanth H.N., S/o. Nagaraju, Aged 24 years, Hittanahalli Village, Kirugavalu Hobli, Malavalli Taluk – 571 438.
2. V. Sundara, S/o. Ereggowda @ Hottappa, Aged 42 years, Hittanahalli Koppalu, Kirugavalu Hobli, Malavalli Taluk, Mandya District – 571 438.
3. H.T. Mahadeva, S/o. Thimmegowda, Aged 35 years, Hosakoppalu Village, Sosale Hobli, T.Narasipura Taluk, Mysore District – 571 438. …Petitioners (By Sri. R. Pramod, Advocate) AND:
Niranjanan A.N., S/o Narayana A.M., Aged 24 years Opposite to Amba Bhavani Cinema Talkies, Tippu Sulthan Road, Malavalli Town, Mandya District – 571 438. ...Respondent (By Sri. Somashekar Kashinath, Advocate) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the P.C.R.No.1/2014 dated 06.01.2014 on the file of Sr. Civil Judge and JMFC at Malavalli.
This Criminal petition coming on for Hearing, this day, the Court made the following:
O R D E R Heard learned counsel for petitioners and learned counsel for respondent. Perused the records.
2. Petitioner No.2 herein instituted a proceeding against the respondent under Section 138 of Negotiable Instruments Act in C.C.No.29203/2014 for dishonour of cheque for Rs.4,00,000/- alleged to have been issued by the respondent. Respondent in turn filed a private complaint against petitioner No.2 as well as petitioner Nos.1 and 3 alleging that on 26.05.2013 a cheque book containing 10 blank cheque leaves were stolen by petitioner No.1/accused No.1 from the house of the complainant/respondent and the same were made use of to institute proceedings against the complainant/respondent under Section 138 of NI Act, by forging the signature of the respondent.
3. It is also alleged that petitioner No.3/accused no.3 made use of another cheque leaf and filed another proceedings against the respondent under Section 138 of NI Act alleging dishonour of cheque for Rs.2,00,000/-.
4. By order dated 02.09.2015, the Investigating Officer was permitted to continue with the investigation, but, filing of the charge sheet was stayed by this Court. It is submitted that the investigation in the instant case has already been completed and in view of the stay order granted by this Court, Charge Sheet has not been submitted before the Court.
5. Having regard to the contentions urged by the petitioners as well as respondent in the respective proceedings, it is necessary to direct the Investigating Officer to submit the charge sheet before the concerned Court. In the final report, if any offence is made out against the petitioners, the said proceedings shall be tagged with the proceedings filed by the respondent herein in C.C.No.29203/2014. Until then, trial in C.C.No.29203/2014 shall stand stayed. If the final report does not make out any offence against the petitioners, the trial in C.C.No.29203/2014 shall continue in accordance with law.
Investigating Officer is directed to submit the charge sheet within 30 days from the date of communication of this order. Trial Court shall pass appropriate orders within 15 days from the date of submission of the charge sheet.
Petition is disposed of in terms of the above order.
Sd/- JUDGE SV