Karnataka High Court
Anthariksha V vs M. Arjun Raj on 10 January, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:1263
CRL.P No. 1905 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1905 OF 2023
BETWEEN:
ANTHARIKSHA V
S/O VASUKI ACHARYA,
AGED ABOUT 28 YEARS,
R/O NO.20A/37, BMP 54,
3RD 'A' MAIN ROAD,
OPP. BHOOMIKA PARADISE,
BRUNDAVANA LAYOUT,
PADMANABHANAGARA,
BENGALURU - 560 061.
...PETITIONER
(BY SRI. K. SREEDHAR, ADVOCATE)
AND:
M ARJUN RAJ
Digitally signed by S/O K. MUNIRAJU,
VEDAVATHI A K
Location: High Court
AGED ABOUT 27 YEARS,
of Karnataka NO.7/1, 2ND BLOCK,
OPP KEB QUARTERS,
THYAGARAJANAGAR,
BENGALURU - 560 070.
...RESPONDENT
(BY SRI. B.RAJE GOWDA, AVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO a) QUASH THE PROCEEDINGS IN
C.C.NO.8267/2021 ON THE FILE OF XXII ADDITIONAL AND
A.C.M.M., BENGALURU (SCCH-8) AS THE DISPUTE BETWEEN
PETITIONER AND RESPONDENT IS CIVIL IN NATURE AND NO
OFFENCES ARE INVOLVED IN THE CASE.
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NC: 2024:KHC:1263
CRL.P No. 1905 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section 482 of Cr.P.C., for quashing the criminal proceedings in CC.No.8267/2021 on the file of XXII Additional and ACMM, Bengaluru, on the complaint filed by the respondent, for the offence punishable under Section 138 of NI Act.
2. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent.
3. The case of the petitioner is that the respondent filed complaint under Section 138 of NI Act, for having dis- honour of cheque issued by the petitioner for Rs.32 lakhs and a legal notice has been issued. A reply was issued by the petitioner and complaint came to be filed. The Trial Court took the cognizance and issued summons. Accordingly, the petitioner appeared before the Magistrate and filed application under Section 239 of Cr.P.C., for -3- NC: 2024:KHC:1263 CRL.P No. 1905 of 2023 discharge, which came to be rejected. Accordingly the petitioner is before this court.
4. Learned counsel for the petitioner has contended that he has borrowed the loan from the respondent long back for the purpose of production of the Cinema and subsequently entire amount has been repaid by the petitioner on 17.7.2019 to the respondent and his friends. An agreement was also entered into between the parties, where Rs.19,50,000/- has been issued by the respondent in the presence of respondent one Mohan Kumar. There is a recital to return the blank document and blank cheque by the friend lender. Subsequently, after the payment, these cheques have been misused by the Mohan Kumar through this petitioner and filed the case for the offence under Section 138 of NI Act. The petitioner suitably replied in the reply notice sent with respect to the 138 NI Act. Subsequently, the petitioner also filed the suit against the respondent for return of the original documents. The suit is under consideration, evidence of -4- NC: 2024:KHC:1263 CRL.P No. 1905 of 2023 the complainant is over. The case is posted for defense evidence. Therefore, it is contended there is no legally liable debt payable to the petitioner, hence prayed for quashing the criminal proceedings.
5. Per contra, learned counsel for the respondent objected the same and contended the documents produced by the petitioner has nothing to do with the respondent, where the petitioner borrowed loan of Rs.32 lakhs from the respondent for the purpose of film shoot and previously he was made as co-producer. Subsequently, removed his name and for discharging the loan, he has issued a cheque which was dishonored. Therefore, the complaint came to be filed. Now the case is posted for evidence. At this stage, if any default, it can be urged before the Trial Court. Hence, prayed for dismissing the petition.
6. Having heard the arguments, perused the records. The contention of the respondent is that he has lent loan of Rs.32 lakhs to the petitioner for film -5- NC: 2024:KHC:1263 CRL.P No. 1905 of 2023 production. Though he was also taken as a co-producer subsequently his name was deleted from the production list and due to dispute the petitioner agreed to repay Rs.32 lakhs. Hence, he issued the cheque for discharging the liability which came to be dishonoured. The contention of the petitioner is that the petitioner borrowed loan from one Mohan Kumar, he is also friend of the present petitioner and present respondent Arjun Raj and Abhishek. However, subsequently repaid Rs.19,50,000/- as on 17.7.2019, but the cheque received by the Mohan Kumar was not returned apart from the blank e-stamp paper obtained and signed from the petitioner. Therefore, it is contended that the said blank cheque was misused by the Mohan Kumar through this respondent and filed the complaint. Ofcourse he has given reply to the legal notice and they also filed civil suit for return of the documents against the respondent However, if at all any defense taken by him in the legal notice, he has to take same defense before the court, while cross examining the PW1, complainant and also he can lead the offence in the -6- NC: 2024:KHC:1263 CRL.P No. 1905 of 2023 evidence and he can succeed in the case. Otherwise, the court cannot conduct a mini trial in the High court for the purpose of considering the defense and quashing the criminal proceedings, which is impermissible under Section 482 of Cr.P.C. Therefore, I am of the view, the petition is devoid of merits and liable to be dismissed.
Accordingly, the petition is dismissed. The interim stay order granted earlier, is hereby vacated.
Sd/-
JUDGE AKV List No.: 1 Sl No.: 43 CT:SK