The petitioner filed a private complaint in CC No.729/2017

against the respondent for the offence punishable under Section

138 of Negotiable Instruments Act, 1881. As a counter blast,

respondent filed a private complaint in PCR No.157/2017 against

the petitioner for the offences punishable under Sections 406,

420, 506 of IPC and Sections 5, 38, 39 of Karnataka Money

Lenders Act and Section 4 of the Karnataka Prohibition of

Charging Exorbitant Interest Act, 2004. The jurisdictional

Magistrate referred the complaint filed by the respondent to the

jurisdictional police for investigation under Section 156(3) of

Cr.PC. The police after conducting investigation submitted `B'

report. The jurisdictional Magistrate after considering the

protest petition and also sworn statement of the respondent,

registered the case against the petitioner for the offences

punishable under Sections 406, 420 of IPC. Being aggrieved,

this petition is filed.

3

2.

Learned counsel for the petitioner submits that the

jurisdictional Magistrate has convicted the respondent for the

offence punishable under Section 138 of Negotiable Instrument

Act and the same has attained finality. Hence, the registration

of th