BANNURMATH
N. K. Ramaswamy Iyengar – Appellant
Versus
Bangalore District and B. Rural Distt. Co. Op. Central Bank – Respondent
This petition is filed under Section 482 Cr. P.C. for quashing the proceedings in PCR No. 1111/99 (CC No. 30083/2000) on the file of the XIII Addl. C.M.M. Bangalore.
2. The brief facts for consideration are as follows :-
A cheque for a sum of Rs. 20 lakhs issued by Vyalikaval House Building Co - operative Society Limited, Bangalore, bearing signatures of the petitioner issued to the respondent-Bangalore District and Bangalore Rural District Co-operative Central Bank Limited, Bangalore, came to be dishonoured with an endorsement-insufficient funds. As such, the payee of the cheque (respondent), after complying with the requirements of issue of notice for settlement, lodged a complaint under Section 200 Cr. P.C. against the petitioners seeking prosecution for an offence punishable under Section 138 of the Negotiable Instrument Act. The learned Magistrate after taking the congnizance, recorded the sworn statement of one Sri V. Thyagaraja, Manager of the Payee-Bank and by an order dated 22.1.2000, issued process against the petitioners.
3. Challenging the action of taking cognizance and issue of process, the petitioners approached the learned Sessions Judge in Crl. R.P. 150/2000.
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