High Court of Karnataka dismissed a criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings under Section 138 N.I. Act. The court held that since the trial was at the fag end with evidence completed, it was not a fit case for quashing.
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 2ND DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.1493 of 2020
BETWEEN SRI ABDUL SATTAR, S/O. LATE ABDUL SUBHAM, AGED ABOUT 49 YEARS, No.55, ROBERTSON ROAD, FRAZER TOWN, BENGALURU – 560 005, ALSO RESIDING AT No.17, FIRST FLOOR, COLES ROAD, FRAZER TOWN, BENGALURU – 560 005.
…PETITIONER
(BY SRI MOHANKUMARA D., ADVOCATE throu’ PH)
AND
M/S. H.M. ESTATES AND PROPERTIES, A PATNERSHIP FIRM CARRYING ON ITS BUSINESS AT H.M. GENEVA HOUSE, No.14, CUNNINGHAM ROAD, BENGALURU – 560 052. REPRESENTED BY ITS PARTNERS
BOTH ARE S/O. LATE J.K. SIWANI, PARTNER No.2, REPRESENTED BY GPA HOLDER PARTNER No.1.
…RESPONDENT
(BY DR. JAGADISH S. HALASHETTI, ADVOCATE throu’ VC)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.No.17380/2009 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I.ACT PENDING ON THE FILE OF XV ADDL.C.M.M., BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, through video conferencing, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.1 under Section 482 of Cr.P.C. for quashing the criminal proceedings in CC No.17830/2009 pending on the file of XV ACMM, Bengaluru, on the private complaint filed by the respondents herein for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short ‘N.I. Act’).
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of agreement has been reduced into writing for settling the matter. In that matter, the petitioner has agreed to issue four cheques for the purpose of settling the dispute. Later, the settlement failed, but the cheques issued by this petitioner were not returned by the respondents instead they filed a case under Section 138 of N.I. Act by filing a private complaint. The Trial Court took cognizance without referring to this matter and there is no legally liable debt payable by the petitioner to discharge his liability that attracts offence under Section 138 of N.I. Act. Hence, the petitioner prayed for quashing of the criminal proceedings.
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completed. Such being the case, there is no question of quashing the proceedings. Hence, prayed for dismissal of the petition.
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and there was no settlement. Therefore, considering the question of issuance of cheque for discharging the liability at this stage does not arise.
7. Accordingly, the Criminal Petition is dismissed.
Pending I.A., if any, does not survive for
consideration. Hence, dismissed.
Sd/JUDGE
mv
2 issues framed by the court
Whether criminal proceedings under Section 138 of N.I. Act should be quashed despite the trial being at the fag end.
Whether successive quashing petitions on the same grounds are permissible when the trial has begun.
2 provisions across 2 enactments
SRI ABDUL SATTAR
M/S. H.M. ESTATES AND PROPERTIES
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court