Karnataka High Court
N B Balachandra vs G T Nagaraj on 10 June, 2013
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10TH DAY OF JUNE 2013
BEFORE
THE HON'BLE MR.JUSTICE B.V.PINTO
CRIMINAL PETITION NO.1778/2013
BETWEEN:
N.B.BALACHANDRA
S/O BHASKARA BHATTA
AGED 43 YEARS
OCCUPATION: BUSINESS
R/O OLD SAGAR ROAD
HOSANAGARA, HOSANAGARA TALUK
SHIMOGA DISTRICT - 577418.
... PETITIONER
(BY SRI.B.S.PRASAD, ADVOCATE)
AND:
G.T.NAGARAJ
S/O THOTAPPA GOWDA
AGED YEARS
R/O M.GUDDEKOPPA
HOSANAGARA AT AND POST
HOSANAGARA TALUK,
SHIMOGA DISTRICT 577418.
...RESPONDENT
THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C.
PRAYING TO QUASH THE ORDER DATED 04.01.2013
PASSED BY THE C.J. AND J.M.F.C., HOSANAGARA IN
P.C.R.NO.83/2013.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
2
FOLLOWING:
ORDER
Sri.B.S.Prasad, learned Counsel for the petitioner submits that the bank has issued an endorsement stating that cheque is destroyed as per customer request letter and based on the said endorsement, the learned Magistrate has dismissed the complaint. He further submits that the original cheque with respect to which the case is filed is still in possession of the complainant/petitioner herein and hence, the endorsement is erroneous.
2. In that view of the matter, the petition is allowed. The order dated 04.01.2013 passed in P.C.R.No.83/2012 by the Civil Judge and JMFC, Hosanagara is hereby set aside and the matter is remanded back to the Court below for proceeding with the matter. The learned Magistrate is directed to confirm the original cheque produced before him and 3 thereafter, proceed with the matter in accordance with law ignoring the endorsement issued by the bank.
Sd/-
JUDGE Prs*