Karnataka High Court
Smt. Lalitha Vijay vs Sri Anthony on 18 March, 2015
Author: A.N.Venugopala Gowda
Bench: A.N.Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.N.VENUGOPALA GOWDA
CRIMINAL PETITION NO.821/2012
BETWEEN:
SMT. LALITHA VIJAY
D/O SRI BALU
AGED ABOUT 33 YEARS
R/AT NO.6, 4TH 'A' CROSS
MARUTHI NAGAR
MADIWALA EXTENSION
BANGALORE - 560 068.
... PETITIONER
(BY SRI V.S. NARAYANA, ADV.)
AND:
1. SRI ANTHONY
AGED ABOUT 36 YEARS
S/O BALU
R/AT NO.62/C, 3RD CROSS
3RD BLOCK, VISWAPRIYA LAYOUT
BEGUR ROAD, BANGALORE - 560 068.
2. SRI J.V. RAJULU
AGED ABOUT 40 YEARS
PROPRIETOR OF KRITHI BUILDERS
AND DEVELOPERS
NO.938, 3RD 'C' CROSS
H.R.B.R. LAYOUT
BANGALORE.
... RESPONDENTS
2
THIS CRL.P. IS FILED UNDER SECTION 482 CR.P.C.
PRAYING TO QUASH THE ORDER ISSUING SUMMONS AND
PROCEEDINGS AGAINST PETITIONER IN C.C.NO.7777/2009 ON
THE FILE OF 13TH ACMM, BANGALORE.
THIS CRL.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned Magistrate shall consider whether the petitioner herein, could be tried for the offence under Section 138 of N.I. Act, as according to the petitioner, she is not a person who issued the cheque in question nor borrowed the money from the complainant and that she has been unnecessarily included as accused No.2 in the complaint.
Since the case pending before the Trial Court is at the stage of trial, leaving open all contentions, this petition is disposed of.
If the petitioner extends co-operation, the case be decided with expedition and within a period of six months from the next hearing date.
Sd/-
JUDGE ca