Karnataka High Court
Shri.Prabhakar S/O Vasudev Naik vs Shree Basaveshwar Urban Credit on 3 July, 2023
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2023:KHC-D:6525
CRL.P No. 102371 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 102371 OF 2019
BETWEEN:
SHRI. PRABHAKAR S/O. VASUDEV NAIK,
AGE: 47 YEARS, OCC: BUSINESS,
R/O: KORE GALLI, MAIN ROAD,
SHAPUR, BELAGAVI,
DIST: BELAGAVI -590003.
...PETITIONER
(BY SRI. ROHIT S. PATIL, ADVOCATE)
AND:
SHREE. BASAVESHWAR URBAN CREDIT
SAUHARD SAHAKARI LIMITED, SANKESHWAR,
TQ: HUKKERI, DIST: BELAGAVI,
BRANCH AT GOKAK,
R/BY SRI. SADASHIV CHANNAPPA ANGADI,
CHANDRASHEKAR ASST. MANAGER,
LAXMAN
KATTIMANI BRANCH GOKAK.
...RESPONDENT
Digitally signed by
CHANDRASHEKAR (BY SMT. CHETANA S. BIRAJ, ADVOCATE)
LAXMAN KATTIMANI
Date: 2023.07.07
14:52:31 -0700 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. SEEKING TO QUASH THE IMPUGNED ORDER OF
TAKING COGNIZANCE AGAINST THE ACCUSED IN P.C.
NO.321/2018 WHICH IS REGISTERED AS C.C.NO.4308/2018
ON THE FILE OF THE PRL. CIVIL JUDGE & JMFC COURT,
GOKAK, DATED 19.12.2018, FOR THE OFFENCES P/U/S 138 OF
NI ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:6525
CRL.P No. 102371 of 2019
ORDER
Heard Sri Rohit S.Patil, learned counsel for the petitioner.
2. This petition is filed under Section 482 of Cr.P.C. with the following prayer:
"To quash the impugned order of taking cognizance against the accused in P.C. No.321/2018 which is registered as C.C.No.4308/2018 on the file of the Prl. Civil Judge and JMFC Court, Gokak, dated 19.12.2018, for the offences p/u/s 138 of N.I. Act."
3. Brief facts of the case are as under:
The petitioner is summoned before the JMFC, Gokak in pursuant to the private complaint filed under Section 200 of Cr.P.C. alleging commission of offence punishable under Section 138 of N.I. Act and the case is now pending in C.C.No.4308/2018. The petitioner has challenged the order of taking cognizance.-3-
NC: 2023:KHC-D:6525 CRL.P No. 102371 of 2019
4. Reiterating the grounds urged in the petition, learned counsel for the petitioner seeks intervention of this Court in respect of order taking cognizance.
5. This Court considered the grounds urged in the petition and also the dictum of the Hon'ble Apex Court in the case of Indian Bank Association and Others vs. Union of India and Others reported in (2014) 5 SCC 590 and the guidelines issued by this Court dated 29th June, 2021 as to practice directions in respect of disposal of the cases filed under Section 200 of Cr.P.C. alleging offence punishable under Section 138 of N.I. Act.
6. In view of the dictum of the Hon'ble Apex Court in Indian Bank Association supra and the practice guidelines issued by this Court, the procedure contemplated is crystal clear that the accused must make out a case that he has got defence and if so file an application under Section 145(2) of N.I. Act before the Court, seeking for cross-examination of the complainant. -4-
NC: 2023:KHC-D:6525 CRL.P No. 102371 of 2019
7. It is not in dispute that the cheque is issued by the petitioner herein and signed by him. Under such circumstances, the complainant also enjoys presumption under Section 139 of N.I. Act.
8. Hence, the grounds urged are hardly sufficient to interfere with the order taking cognizance. Hence, following order is passed:
ORDER Admission declined. Petition is dismissed. However, all contentions available to the petitioner are kept open to be urged before the trial Court uninfluenced by the dismissal order in this petition.
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JUDGE CLK List No.: 2 Sl No.: 30