IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20TH DAY OF JUNE 2012 BEFORE THE HON'BLE MR. JUSTICE SUBHASH B ADI

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1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20TH DAY OF JUNE 2012 BEFORE THE HON'BLE MR. JUSTICE SUBHASH B ADI CRIMINAL PETITION No.4104/2011 C/W CRIMINAL PETITION NO.4103/2011 IN CRL.P NO.4104/2011 BETWEEN : SRI. A. DENNIS, AGED ABOUT 75 YEARS S/O C. J. ANTHONI RET.MICRO EMPLOYEE NO.160, 4TH CROSS, VINAYAKA NAGAR, NEAR MICRO, BANGALORE PETITIONER (BY SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE SRI. M T NANAIAH, ADVOCATE) FOR AND : SRI. RAVIKUMAR AGED ABOUT 26 YEARS S/O K. KUPPASWAMY R/AT NO.26, GROUND FLOOR KODIPALYA POST, BSK 6TH STAGE, 9TH BLOCK, HEMMIGEPURA, KENGERI HOBLI, BANGALORE RESPONDENT (BY SRI. UMESH. A, ADVOCATE)

2 2 THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER WHO IS THE ACCUSED IN C.C.NO.1887/10 IN THE FILE OF THE C.J.M., BANGALORE RURAL DISTRICT, BANGALORE AND DISMISS THE COMPLAINT. IN CRIMINAL PETITION No.4103/2011 BETWEEN : SRI. A. DENNIS, AGED ABOUT 75 YEARS S/O C. J. ANTHONI RET.MICRO EMPLOYEE NO.160, 4TH CROSS, VINAYAKA NAGAR, NEAR MICRO, BANGALORE PETITIONER ( BY SRI.PRABHUGOUD B. TUMBIGI, ADVOCATE FOR SRI. M T NANAIAH, ADVOCATES) AND : SRI. SHANKAR S/O LATE SADIAPPA AGED ABOUT 38 YEARS R/AT NO.26, GROUND FLOOR, KODIPALYA POST BSK 6TH STAGE, 9TH BLOCK, HEMMIGEPURA, KENGERI HOBLI, BANGALORE (BY SRI. UMESH. A, ADVOCATE)...RESPONDENT

3 3 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER WHO IS THE ACCUSED IN C.C.NO.4527/2010 ON THE FILE OF THE C.J.M., BANGALORE RURAL DISTRICT., BANGALORE THESE CRIMINAL PETITIONS ARE COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R Petitioner has sought for quashing the proceedings in C.C.No.1887/2010 pending on the file of Chief Judicial Magistrate, Bangalore. 2. Respondent has filed a private compliant under Section 200 of Cr.P.C. for the offence punishable under section 138/142 of Negotiable Instrument Act. Complainant's case is that, the accused had promised to get the employment opportunity in Foreign country and also get the VISA to go to Foreign Country. In this regard, they collected Rs.5,00,000/- and neither they got VISA and job opportunity nor the amount was returned. In this regard, the accused have issued cheque which was

4 4 dishonored and legal notice was issued. Even though legal notice was served, amount was not paid. After waiting for 15 days, the complainant filed the complaint. 3. The learned Magistrate considering the complaint, sworn statement and documents was of the opinion that, there is prima facie material to proceed with the case against the accused and accordingly learned Magistrate took cognizance of offence and issued process. 4. Learned counsel for the petitioner submits that the cheque issued by the petitioner is not liable to be encashed and also submitted that the amount was given towards getting a job in foreign country and the amount is not refundable. The transaction is purely contractual matter and there is no offence. 5. Facts in dispute are that cheque belonging to the petitioner was dishonored and legal notice was issued. Compliant was filed for the offence punishable

5 5 under Section 138 of Negotiable Instrument Act. The cheque belonging to the accused drawn in favour of the complainant. The said cheque on presentation was dishonored for want of sufficient fund, if the accused fails to make the payment in a stipulated time, it constitutes an offence under section 138 of Negotiable Instrument Act. Complainant has stated that, the amount given is for the purpose of getting the job. There is a prima facie case against the petitioner. Hence, I find no good ground to interfere with the order of the learned Magistrate. Accordingly, petition is dismissed. Sd/- JUDGE HJ*