KARNATAKA HIGH COURT
M. P. Chinnappa, J.
Rajendra Singh S. V. v. M/s. Lahari Recording Co. Pvt. Ltd.
1. The brief facts leading to this case are: the respondent filed a private complaint before the IX Addl. C.M.M. Bangalore, alleging that the petitioner herein issued a post dated cheque dt. 4-8-1995 which came to be dishonoured on the ground that the drawer of the cheque had closed the account and that the petitioner being the drawer of the cheque has committed an offence punishable under S.138 of the Negotiable Instruments Act and this complaint came to be filed after issuing statutory notice as contemplated under the Act.
2. The learned Magistrate after taking cognizance of the offence directed to issue process to the petitioner. The petitioner filed an application before the same Court to recall that order of taking cognizance of the offence. The learned Magistrate considering the arguments of both sides passed a detailed order rejecting the application of the petitioner. Hence the petitioner questioned that order before the learned Sessions Court and the 23rd Addl. City Civil and Sessions Judge rejected the Rev. P. in Cr. R.P. 183/1996 dt. 13-12-1996 and confirmed the order passed by the learned Magistrate. As against that order the petitioner approached this Court under S.482
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