Mr Shiva Shankar vs Mr Lokesh on 28 August, 2018

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Karnataka High Court

Mr Shiva Shankar vs Mr Lokesh on 28 August, 2018

Bench: John Michael Cunha

                           1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 28TH DAY OF AUGUST 2018

                        BEFORE

       THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

           CRIMINAL PETITION NO.5547 OF 2018


BETWEEN:

MR SHIVA SHANKAR
S/O LATE LAKSHMI NARAYANAPPA,
AGED ABOUT 38 YEARS,
R/AT YELDUR VILLAGE AND POST,
SRINIVASAPURA TALUK,
KOLAR DISTRICT-563138.
                                      ... PETITIONER

(BY SRI:D.N. ARUN KUMAR, ADVOCATE)


AND

MR LOKESH
S/O KRISHNAPPA GOWDA,
AGED ABOUT 40 YEARS,
R/AT C/O SESMA WINES,
MARUTHI COMPLEX,
MILAGRES CROSS,
HAMPANA KATTA,
MANGALORE-575001.
                                     ... RESPONDENT

     THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN C.C.NO.9914/2014 PENDING ON
THE FILE OF THE 15th A.C.M.M., BANGALORE.
                                     2


    THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-

                             ORDER

The application filed by the petitioner under section 258 Cr.P.C. to stop the proceedings has been rejected by the trial court on the ground that the Magistrate has no power to stop the proceedings in a summons case. Though the reasons assigned by the learned Magistrate may not be acceptable, but on perusal of the records, it is seen that the petitioner has sought to stop the proceedings only on the ground that the cheque in question was presented beyond the period of validity and therefore the complainant has no cause of action against the petitioner/accused and the learned Magistrate has no jurisdiction to entertain the complaint. Alongwith the petition, the complainant has produced the copy of the cheque and copy of the endorsement issued by the bank. The cheque is dated 05.03.2013. The endorsement is issued on 26.07.2013. Though it is stated therein that the cheque is returned for the reason 'insufficient funds and cheque outdated', there is no material on record to show as to the date when the said cheque was presented for encashment.

2. In view of these documents, it is proper for the complainant or the accused to invite a factual finding from the Court regarding the actual date of presentation of the cheque. If the presentation of the cheque turns out to be beyond the period of validity, the learned Magistrate is required to pass appropriate orders based on the said finding.

With these observations, the petition is disposed of. In view of disposal of the main matter, I.A.No.1/2018 for stay does not survive for consideration. Accordingly, it is dismissed.

Sd/-

JUDGE *mn/-

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Karnataka High Court