ORDER :

1. The learned Single Judge, by order dated 29th June, 2020, formulated the following question of law for being decided by a larger Bench:

“Whether in a case for offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the Court of Magistrate exercising its power under the second proviso to Section 143 (1) of the Negotiable Instruments Act, if it appears to the said Court that it is undesirable to try the case summarily, after recording reasons, can proceed to try/hear the said case as a warrant case?”.

2. The learned Single Judge found that there were conflicting views expressed by the coordinate Benches on the above issue. He found that a learned Single Judge of this Court, in the case of M/S. Mesh Trans Gears Private Limited, Bangalore –vs-Dr. R. Parvathareddy – ILR 2014 KAR 5237 held that in a complaint alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the said Act of 1881’), the learned Magistrate has an option to try the case as a summons case when he is of the view that it is undesirable to try the case summarily. However, another learned Single Judge, in the case of Mahendra Kumar –vs-Gangamma.B