Karnataka High Court
Sri N Mahesh vs Sri B N Chandrappa on 15 December, 2016
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15th DAY OF DECEMBER, 2016
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.8369 OF 2016
Between:
Sri. N. Mahesh,
S/o Narayanaswamy,
Aged about 31 years,
R/at Maralubagilu,
Ward No.11,
Devanahalli Town - 562 110,
Bengaluru Rural District. ...Petitioner
(By Shri. Karthik A Bhargav, Advocate)
And:
Sri. B.N. Chandrappa,
S/o late Narayanaswamy,
Aged about 34 years,
R/at Bommavara Village,
Devanahalli Taluk - 562 110,
Bengaluru Rural District. ...Respondent
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This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the entire proceedings in
2
C.C.No.3147/2012 pending on the file of C.J., and
J.M.F.C., Devanahalli including complaint - dated
24.07.2012 vide document No's 1 and 2 respectively.
This Petition coming on for admission this day, the
Court made the following:-
ORDER
Heard the learned counsel for the petitioner. The petitioner is the accused facing proceedings for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. It is the case of the petitioner that neither the cheque nor the account under which it is issued belongs to the petitioner and that he is being proceeded against in the face of the same and the account according to the petitioner belongs to one Narayana Swamy and that the petitioner has nothing to do with. This is a defence which would be available to the petitioner before the court below. There is no warrant for interference by this Court. 3 The petition is disposed of without prejudice to the case of the petitioner.
Sd/-
JUDGE ykl