Karnataka High Court
Chandrashekar. P vs K. M. Mohankumar on 20 December, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2023:KHC:46605
CRL.P No. 4263 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 4263 OF 2019
BETWEEN:
CHANDRASHEKAR. P
SON OF LATE PRAKASH YASHWANTH,
AGED ABOUT 37 YEARS,
OCC: GOLDSMITH,
RESIDENT OF NO.682/3,
CHITRAGARA GALLI,
NEAR NIMISHAMBA TEMPLE,
NEAR SHIVAJI CIRCLE,
DAVANAGERE-577002.
...PETITIONER
(BY SRI. M R HIREMATHAD.,ADVOCATE)
AND:
K. M. MOHANKUMAR
SON OF K. MARUTHI RAO,
AGED ABOUT 43 YEARS,
Digitally signed
by RESIDENT OF D. NO. 871/1,
NARAYANAPPA SRI RENUKADEVI WOOD PLAINING WORK,
LAKSHMAMMA
R.M.C. ROAD,
Location: HIGH
COURT OF DAVANAGERE-577002.
KARNATAKA
...RESPONDENT
(BY SRI. HAREESH BHANDARY T., ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING
TO CALL FOR RECORDS FROM THE FILE OF LEARNED JMFC-III, AT
DAVANAGERE IN C.C.NO.44/2018 AND QUASH THE PROCEEDINGS
OF INITIATING ACTION AGAINST THE PETITIONER THEREBY
ISSUING THE PROCESS AGAINST THE PETITIONER FOR THE
OFFENCE P/U/S 138 OF THE N.I ACT AND ISSUING SUMMONS AND
CONTINUANCE OF PROCEEDINGS IN C.C.NO.44/2018 JMFC III
DAVANAGERE.
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NC: 2023:KHC:46605
CRL.P No. 4263 of 2019
THIS CRIMINAL PETITION, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a. Call for the records from the file of Learned JMFC- III at Davanagere in C.C.No.44/2018 and b. Quash the proceedings of initiating action against the petitioner thereby issuing the process against the petitioner for the offences U/s-138 of N.I. Act and issuing summons and continuance of proceedings in C.C.No.44/2018, JMCF-III, Davanagere.
c. Pass such other appropriate Judgement or order in the interest of justice and equity.
2. The present proceedings have been filed seeking quashing of the proceedings under Section 138 of the Negotiable Instruments Act, 1881 initiated by the respondent against the petitioner for alleged dishonour of a cheque alleged to have been issued by the petitioner.
3. The contention of the learned counsel for the petitioner is that when the cheque was allegedly -3- NC: 2023:KHC:46605 CRL.P No. 4263 of 2019 issued on 17.11.2017, there were criminal proceedings which have been filed by the petitioner's mother against the respondent and petitioner's brother in C.C.No.313/2016. A suit had been filed by the petitioner against the wife of the respondent for specific performance in O.S.No.201/2016 and as such, the relationship between them being strained, the question of petitioner issuing a cheque in favour of the respondent would not arise. The further submission made is that the cheque in question is a Non-CTS cheque which lost its currency in the year 2014 and could not have been presented in the year 2017 and lastly, he submits that in respect of the said cheque alleging that there is a collusion between the respondent and the officers of the bank, a complaint had been filed in Crime No.61/2018 and as such, all these factors do not probabilize a cheque being issued by the petitioner to the respondent and that there is no debt due and liable to be paid by the petitioner to the respondent.
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NC: 2023:KHC:46605 CRL.P No. 4263 of 2019
4. All the aspects which have been urged by the learned counsel for the petitioner are more in the nature of a defence in the said proceedings which would have to be ascertained during the course of a trial. These allegations against the respondent by the petitioner would not take away the fact that the cheque is of the account of the petitioner. Whether the banker and the respondent had colluded with each other or not would have to be established during the course of trial or investigation in Crime No.61/2018, which is still pending. As such, I am of the considered opinion that these grounds do not suffice for exercise of powers under Section 482 of Cr.P.C. for quashing the proceedings. The Criminal Petition stands dismissed.
5. Liberty is however reserved to the petitioner to once again approach this Court in the event of the allegation in Crime No.61/2018 being proven to be true.
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NC: 2023:KHC:46605 CRL.P No. 4263 of 2019
6. Pending IAs. does not survive for consideration.
Sd/-
JUDGE PRS List No.: 1 Sl No.: 110