Smt. Parvathi vs Sri. Ramaiah B.A on 28 January, 2021

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Karnataka High Court

Smt. Parvathi vs Sri. Ramaiah B.A on 28 January, 2021

Bench: H.P.Sandesh

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  IN THE HIGH COURT OF KARNATAKA, BENGALURU

    DATED THIS THE 28TH DAY OF JANUARY, 2021

                     BEFORE

       THE HON'BLE MR.JUSTICE H.P.SANDESH

         CRIMINAL PETITION NO.5838/2020

BETWEEN:

SMT. PARVATHI
W/O LATE RAMESH,
AGED ABOUT 40 YEARS,
NO-L-96, 9TH MAIN ROAD,
V.R.PURAM, PALACE GUTTAHALLI,
MALLESHWARAM, BANGALORE-560003.
                                    ...PETITIONER

(BY SRI DHANANJAYA C.P, ADV.)

AND:

SRI RAMAIAH. B.A
S/O LATE ARASAPPA,
AGED ABOUT 69 YEARS,
R/AT NO.-1/7, RATHNAGIRI,
1ST MAIN, 2ND CROSS,
DATTATHREYANAGAR,
HOSAKEREHALLI, B.S.K. 3RD STAGE,
BANGALORE-560085.
                                   ...RESPONDENT

(BY SRI H.N.PRAKASH, ADV.)

     THIS CRL.P IS FILED UNDER SECTION 482
CR.P.C., PRAYING    TO   QUASH     THE   ENTIRE
PROCEEDINGS IN C.C.NO.16305/2019 PENDING IN THE
FILE OF THE COURT OF THE XII A.C.M.M., AT
BENGALURU FOR THE OFFENCE P/U/S 138 OF THE N.I
ACT.
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     THIS CRL.P. COMING ON FOR 'ADMISSION' THIS
DAY, THE COURT MADE THE FOLLOWING:-


                                ORDER

This petition 482 of Cr.PC the proceedings against this petitioner in CC No.16305/2019 pending on the file of the XII Additional Chief Metropolitan Magistrate, Bengaluru for the offence punishable under Section 138 of Negotiable Instruments Act.

2. The factual matrix of the case is that the respondent herein initiated proceedings under Section 138 of Negotiable Instruments Act. The learned Magistrate has recorded sworn statement, documents available on record Exs.P-1 to P-5 and formed an opinion that the Court is satisfied that the complainant has made out a prima facie case. There are sufficient materials to proceed against the accused for the offence punishable under Section 138 of Negotiable Instruments Act. Thereafter issued process against this petitioner. The petitioner in this petition prays for quashing the proceedings on the ground that in Ex.P-3 - the legal 3 notice Cheque Number and Bank name is not mentioned. Learned Counsel for the petitioner submits that notice was not served on her in terms of Ex.P-5 and the signature on Ex.P-5 is not that of the petitioner.

3. Having heard the learned counsel for the petitioner and the grounds which have been urged before this Court are all the defences and the disputed aspects cannot be decided in proceedings under Section 482 of Cr.PC. The petitioner can raise all these defenses before the trial Court and cross-examine the witness effectively in order to put forward his case. The grounds urged in this petition not helpful to the petitioner to quash the proceedings. The learned Magistrate while taking cognizance passed a detailed order and applied his mind and perused the complaint, sworn statement, documents Exs.P-1 to P-5 and also formed an opinion that the complainant has made out a prima facie case. The Court also comes to the conclusion that there are sufficient materials to proceed against the accused while issuing process. I do not find 4 any merit in this petition to quash the proceedings. In view of the discussion made above, I pass the following:-

ORDER Petition is hereby rejected.

Sd/-

JUDGE Rsk/-

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