In a criminal petition under Section 482 Cr.P.C. to quash proceedings for cheque bounce under Section 138 NI Act, the bench held that disputed questions regarding payment disputes and timing of cheque issue require trial and cannot be finally decided in quo warranto.
Petition dismissed; proceedings in C.C.No.15196/2020 not quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.1276/2021
BETWEEN: SMT. B. GAYATHRI, M/S. SGD COMPONENTS, REP. BY MANAGING PARTNER & AUTHORISED SIGNATURE, W/O B.R. SEKHAR RAO, AGED ABOUT 44 YEARS, RESIDING AT NO.275, 1ST FLOOR, MEI LAYOUT, 7TH ‘A’ CROSS, 10TH MAIN ROAD, BAGALA GUNTE, BENGALURU-560 073. … PETITIONER
(BY SMT. DAKSHAYANAMMA, ADVOCATE FOR SRI A. JOHN BOSCO, ADVOCATE)
AND:
SRI SRINIVAS V., S/O LATE HANUMANTHAPPA, AGED ABOUT 45 YEARS, RESIDING AT NO.2, NEAR ANJANEYASWAMY TEMPLE, SONNENAHALLI VILLAGE, KENGERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 060. … RESPONDENT
(BY SRI N. SURESH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
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C.C.NO.15196/2020 PENDING ON THE FILE OF THE XX ACMM, BENGALURU AGAINST THE PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the entire proceedings in C.C.No.15196/2020 pending on the file of XX ACMM, Bengaluru and grant such other reliefs.
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and referring the same the learned counsel would contend that the amount of Rs.1,57,500/- has been paid excess the cheque amount.
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following:
ORDER
The petition is dismissed.
Sd/JUDGE
MD
2 issues framed by the court
Whether the taking of cognizance by the trial court warrants quashing of proceedings under Section 138 of the Negotiable Instruments Act.
Whether discrepancy in bank statements precludes invoking Section 482 Cr.P.C. when the cheque bore date subsequent to the payment period.
3 provisions across 2 enactments
Smt. B. Gayathri
Sri Srinivas V.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
