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2023 Supreme(Online)(KAR) 18911
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NC: 2023:KHC-D:6525
CRL.P No. 102371 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 102371 OF 2019
BETWEEN:
SHRI. PRABHAKAR S/O. VASUDEV NAIK,
AGE: 47 YEARS, OCC: BUSINESS,
R/O: KORE GALLI, MAIN ROAD,
SHAPUR, BELAGAVI,
DIST: BELAGAVI -590003.
…PETITIONER
(BY SRI. ROHIT S. PATIL, ADVOCATE)
AND:
SHREE. BASAVESHWAR URBAN CREDIT
SAUHARD SAHAKARI LIMITED, SANKESHWAR,
TQ: HUKKERI, DIST: BELAGAVI,
BRANCH AT GOKAK,
R/BY SRI. SADASHIV CHANNAPPA ANGADI,
ASST. MANAGER,
BRANCH GOKAK.
…RESPONDENT
(BY SMT. CHETANA S. BIRAJ, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. SEEKING TO QUASH THE IMPUGNED ORDER OF
TAKING COGNIZANCE AGAINST THE ACCUSED IN P.C.
NO.321/2018 WHICH IS REGISTERED AS C.C.NO.4308/2018
ON THE FILE OF THE PRL. CIVIL JUDGE & JMFC COURT,
GOKAK, DATED 19.12.2018, FOR THE OFFENCES P/U/S 138 OF
NI ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
CHANDRASHEKAR
LAXMAN
KATTIMANI
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Date: 2023.07.07
14:52:31 -0700
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NC: 2023:KHC-D:6525
CRL.P No. 102371 of 2019
Heard Sri Rohit S.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.321/2018 which is
registered as C.C.No.4308/2018 on the file of the Prl.
Civil
Judge
and
JMFC
Court,
Gokak,
dated
19.12.2018, for the offences p/u/s 138 of N.I. Act."
3.
Brief facts of the case are as under:
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.4308/2018. The petitioner has challenged the
order of taking cognizance.
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4.
Reiterating the grounds urged in the petition,
learned counsel for the petitioner seeks intervention of this
Court in respect of order taking cognizance.
5.
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.
6.
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.
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7.
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.
8.
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
CLK
List No.: 2 Sl No.: 30
