Karnataka High Court
N.M.Bheemaiah vs K.Subba Reddy on 5 March, 2019
Author: John Michael Cunha
Bench: John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF MARCH, 2019
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION No.3585 OF 2013
BETWEEN:
N.M. Bheemaiah,
S/o. Medappa,
Residing at "Phoneban Estate",
Bolkery Post,
Madikeri,
Coorg District - 571 201. ...Petitioner
(By Sri. Ranjan Kumar K., Adv.)
AND:
K. Subba Reddy,
S/o. Venkata Subba Reddy,
Aged about 42 years,
Residing at II Cross,
Mahalakshminagar,
Gubbi Town - 572 216. ...Respondent
(By Sri. Praneeth G.N., Adv. for
Sri. Vighneshwar S. Shastri, Adv.)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the proceedings in
C.C.No.437/2012 pending on the file of the II Addl. Civil
Judge (Jr.Dn.) and III JMFC, Tumkur.
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This Criminal petition coming on for Admission, this
day, the Court made the following:
ORDER
Heard.
The only contention urged in this petition relates to the transfer of the pending complaint under Section 138 of Negotiable Instruments Act. Since the present petition was pending when the amendment to Section 142(2) was brought about, it is necessary to remand the matter to the trial Court to pass appropriate orders in the light of the amendment to Section 142(2) and 142A of the Negotiable Instruments Act.
Accordingly, petition is allowed. Matter is remitted to the trial court to pass appropriate orders in the light of Section 142 (2) and 142A of the Negotiable Instruments Act.
Sd/-
JUDGE SV