K SRINIVASA REDDY v. G T GOPALAKRISHNAMACHAR

THE HON’BLE MR. JUSTICE H.N. NAGAMOHAN DAS CRIMINAL PETITION No. 5853/2012 BETWEEN : -------------- K SRINIVASA REDDY S/O. H C KRISHNA REDDY AGED 39 YEARS R/A. No. 343, HULIMAVU NEAR RAMA TEMPLE BANNERUGHATTA ROAD BANGALORE – 560 076. (By Sri. N R NAIK, ADV.) AND : ------- G T GOPALAKRISHNAMACHAR S/O. LATE GADADARAM THIRUMALACHAR AGED ABOUT 86 YEARS R/A. No. 56/1, KOTTANUR VILLAGE, UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE – 560 076. --- … PETITIONER … RESPONDENT 2 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 Cr.P.C. WITH A PRAYER TO QUASH THE ORDER OF COGNIZANCE TAKEN IN C.C. No. 15102/2012 (PCR No. 7319/2012) ON 13.03.2012 AND ETC. THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT PASSED THE FOLLOWING;

O R D E R Respondent herein filed a private complaint in PCR No. 7319/2012 for the offence punishable under Section 138 of the Negotiable Instruments Act. The jurisdictional Magistrate recorded the sworn statement and had taken cognizance of the offence and issued process. Pursuant to the process issued by the Trial Court the petitioner entered appearance before the Trial Court.

Now the petitioner is before this Court to quash the proceedings on the ground that the respondent, by misusing the blank cheque issued by the petitioner in respect a property transaction has filed a false complaint before the jurisdictional Magistrate. At best this can be a good defence before the Magistrate. 3 Under Section 482 Cr.P.C. it is not appropriate for this Court to quash the proceedings on the basis of the defence taken by the petitioner. Accordingly, the petition is hereby rejected. All contentions are left open. LRS. Sd/- JUDGE.