Dismissed

Sri Manjunath Hulmani v. Sri Goudappa S/O Dundapa Barmani

Karnataka HC5 Dec 2023CRL.P/103303/2022

Case brief

AI extract

What is this about?

Criminal Petition filed under Section 482 of CrPC to quash criminal proceedings under Section 138 of the Negotiable Instruments Act. The court held petitioner's contentions regarding cheque loss and cash payment were matters of defense to be established at trial, finding no grounds for quashment.

What did the court decide?

Petition for quashing of criminal proceedings under Section 138 of Negotiable Instruments Act dismissed.

Sri Manjunath Hulmani Vs Sri Goudappa S/O Dundapa Barmani — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC-D:14200 CRL.P No. 103303 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103303 OF 2022

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BETWEEN:

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SRI. MANJUNATH HULMANI S/O. SHIVABASAYYA HULAMANI, AGED ABOUT 43 YEARS, OCC. PRIVATE SERVICE, R/O. NO.107/2/3, PLOT NO.2, GANESH COLONY, SAMBHAJI NAGAR, VADAGAON, BELAGAVI-590005. (BY SRI. Z.M. HATTARKI & SRI. ARZOO M. MULLA, ADVOCATES)

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… PETITIONER

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AND:

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VIJAYALAKSHMI M KANKUPPI

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Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.12.11 11:17:26 +0530

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SRI. GOUDAPPA S/O DUNDAPA BARMANI, AGED ABOUT 32 YEARS, R/AT. BELGALI VILLAGE, TALUKA. MUDHOL, DIST. BAGALKOT. (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE)

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… RESPONDENT

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE PROCEEDINGS IN C.C. NO.294/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT WHICH IS PENDING ON THE FILE OF PRINCIPLE SENIOR CIVIL JUDGE AND JMFC, MUDHOL AND ALL FURTHER PROCEEDINGS ARISING THEREFROM AGAINST THE PETITIONER / ACCUSED TO MEET THE ENDS OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2023:KHC-D:14200 CRL.P No. 103303 of 2022

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ORDER

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This petition is filed seeking quashing of the proceedings in C.C.No.294/2022 registered for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the “N.I. Act”, for brevity) pending on the file of the Principal Senior Civil Judge and JMFC, Mudhol.

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Heard learned counsel for the petitioner and learned counsel for the respondent.

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The respondent has initiated proceedings against this petitioner for the offence under Section 138 of N.I. Act by filing private complaint in PCR No.118/2022. Learned Magistrate after recording sworn statement has taken cognizance and passed order for issuance of process against this petitioner and on that basis case came to be registered against petitioner/accused in C.C.No.294/2022 for the offence under Section 138 of N.I. Act. Petitioner has sought quashing of the said proceedings.

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Learned counsel for the petitioner would contend that in the reply to the legal notice, he has stated

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3 - NC: 2023:KHC-D:14200 CRL.P No. 103303 of 2022

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that he has lost cheque and same has been mis-utilized by the respondent/complainant. It is further contention that cheque amount is Rs.25 lakh as per the averment of the complaint and the amount said to have been paid by complainant to the accused by cash. He further submitted that respondent/complainant has got filed different complaints against petitioner in different Courts with the help of his relatives. With all these, he prayed for quashing of the proceedings.

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Learned counsel for the respondent submits that all the contentions of the petitioner are his defence which has to be established at trial. There are no grounds for quashing the proceedings registered against him.

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Learned Magistrate on the basis of averments of the complaint and sworn statement has taken cognizance for the offence under Section 138 of N.I. Act against the petitioner/accused. It is not the case of the petitioner/accused that the averment of the complaint and sworn statement does not constitute an offence under Section 138 of N.I. Act. The contentions of the

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4 - NC: 2023:KHC-D:14200 CRL.P No. 103303 of 2022

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petitioner/accused that lost cheque has been used by this respondent/complainant is a matter of defence. It is also matter of defence that the allegation of the respondent/complainant misusing cheque found by him and by filing complaints against the petitioner with the help of his relatives. It is also matter of defence that the amount paid by the complainant to the accused was by cash in sum of Rs.25 lakh.

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Considering all these aspects, there are no grounds for quashing the proceedings against the petitioner for the offence under Section 138 N.I. Act in C.C.No.294/2022. Hence, petition is dismissed.

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Sd/JUDGE

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AC CT:BCK List No.: 1 Sl No.: 22

Sri Manjunath Hulmani v. Sri Goudappa S/O Dundapa Barmani

Case brief

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Sri Manjunath Hulmani v. Sri Goudappa S/O Dundapa Barmani

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