Petitioners sought quashing of cheque-dishonour proceedings in C.C.No.22863/2017 under Section 482 CrPC. As the case below had been dismissed for default on 02-03-2023, counsel filed a memo stating the petition did not survive; the petition was dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO.5139 OF 2018
BETWEEN:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. VENKATRAMANA M.K., ADVOCATE)
NC: 2024:KHC:13350 CRL.P NO.5139 OF 2018
AND:
SRI. AJAY GUPTA S/O BANWARILAL AGARWAL AGED ABOUT 61 YEARS, R/AT NO.1104, 11TH FLOOR, MEGHANA SHALINI APARTMENTS, KADERANAHALLI RING ROAD, BANASHANKARI II STAGE, BENGALURU - 560 070.
…RESPONDENT
(BY SRI. RAKSHIT K.V., ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.22863 OF 2017 NOW PENDING ON THE FILE OF THE XXXVII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND XII ADDITIONAL SMALL CAUSES JUDGE (S.C.C.H.NO.8), CITY CIVIL COURT COMPLEX, BENGALURU FOR THE ALLEGED OFFENCE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
following relief:
"Quash the proceedings against the petitioners in C.C.No.22863/2017, now on the file of the 37th Additional Chief Metropolitan Magistrate and 12th Additional Small Causes Judge (S.C.C.H.No.8) City Civil Court Complex, Bengaluru for the alleged offence under Section 138 of the Negotiable Instruments Act"
NC: 2024:KHC:13350 CRL.P NO.5139 OF 2018
dated 02nd April, 2024, which read as under:
"The undersigned Counsel for petitioners submit that the petitioners have challenged the cognizance taken against them in C.C.No.22863/2017 by 37th Additional Chief Metropolitan Magistrate, Bengaluru. As the said case in C.C.No.22863/2017 was dismissed as default as per order dated 02-03-2023, the above petition is not survive. Hence this Memo."
Sd/JUDGE
ARK
2 provisions across 2 enactments
Deepak Kumar
Saritha Singh
Niva Singh
Ajay Gupta
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
