IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5848 OF 2015 BETWEEN:
M/S TIME PLUS REPT. BY ITS PROPRIETOR, B.K. PREMKUMAR, S/O B.S. KUPPAIAH, AGED ABOUT 78 YEARS, NO.8, GROUND FLOOR, PRABHATH COMPLEX, K.G. ROAD, BENGALURU-560 009.
... PETITIONER (BY SRI: SUNIL KUMAR PATEL, ADVOCATE FOR SRI: VENKATA REDDY S K, ADVOCATE) AND M/S RAJESH EXPORTS LTD COMPANY INCORPORATED UNDER COMPANIES ACT, AND HAVING ITS OFFICE AT NO.4, BATAVIA CHAMBERS, KUMARA KRUPA ROAD, KUMARA PARK EAST, BENGALURU-560 001, REPTS. BY ITS OFFICER, AUTHORIZED REPRESENTATIVE, MR. B.G. MALLIKARJUN. ... RESPONDENT (BY SRI: P RAJU, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE COMPLAINT IN C.C.NO.7912/2015 ON THE FILE OF THE XXVII A.C.M.M., BENGALURU CITY AGAINST THE PETR.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner has sought to quash the proceedings initiated against him in C.C.No.7912/2015 pending on the file of learned XXVII Addl. CMM, Bengaluru.
Heard learned counsel for petitioner and learned counsel for respondent. Perused the records.
2. Petitioner does not dispute the fact that the cheque in question was drawn by the petitioner. The only contention urged by the petitioner is that there was no subsisting debt or liability at the time of issuance of cheque. This contention is required to be considered only by the trial court based on the evidence adduced by the parties.
Hence, reserving liberty to the petitioner to canvas said plea before the trial court, the petition is dismissed.
Sd/- JUDGE *mn/-