Heard Sri.Shrikant T Patil, learned counsel for the

petitioner.

2.

This petition is filed under Section 482 of

Cr.P.C. with the following prayer:

"

To quash the impugned order of taking

cognizance against the accused in P.C.No.284/2018

which is registered as C.C.No.2763/2018 on the file

of the Prl. Civil Judge & JMFC Court, Gokak, dated

04.09.2018, for the offences P/u/s 138 of NI Act."

3.

Brief facts of the case are as under:

4.

The petitioner is summoned before the JMFC,

Gokak in pursuant to the private complaint filed under

Section 200 of Cr.P.C. alleging commission of offence

punishable under Section 138 of N.I. Act and the case is

now pending in C.C.No.2763/2018. The petitioner has

challenged the order of taking cognizance.

5.

Reiterating the grounds urged in the petition,

learned counsel for the petitioner seeks intervention of this

Court in respect of order taking cognizance.

- 3 -

6.

This Court considered the grounds urged in the

petition and also the dictum of the Hon'ble Apex Court in

the case of Indian Bank Association and Others vs.

Union of India and Others reported in (2014) 5 SCC

590 and the guidelines issued by this Court dated 29th

June, 2021 as to practice directions in respect of disposal

of the cases filed under Section 200 of Cr.P.C. alleging

offence punishable under Section 138 of N.I. Act.

7.

In view of the dictum of the Hon'ble Apex Court

in Indian Bank Association supra and the practice

guidelines

issued

by

this

Court,

the

procedure

contemplated is crystal clear that the accused must make

out a case that he has got defence and if so file an

application under Section 145(2) of N.I. Act before the

Court, seeking for cross-examination of the complainant.

8.

It is not in dispute that the cheque is issued by

the petitioner herein and signed by him. Under such

circumstances, the complainant also enjoys presumption

under Section 139 of N.I. Act.

- 4 -

9.

Hence, the grounds urged are hardly sufficient

to interfere with the order taking cognizance. Hence,

following order is passed:

ORDER

Admission declined. Petition is dismissed.

However, all contentions available to the petitioner

are kept open to be urged before the trial Court

uninfluenced by the dismissal order in this petition.

Sd/-

JUDGE

SH

List No.: 2 Sl No.: 33