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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 9^TH DAY OF JULY 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.101242/2020

BETWEEN

KATWA MOTORS

BY ITS PARTNER, SRI.PRAVEEN KATWA

AGED. MAJOR, OCC. BUSINESS,

R/O. 325, OLD P.B. ROAD, BELAGAVI-590 001

…PETITIONER

(BY SRI.NEELENDRA.D.GUNDE, ADVOCATE)

AND

SRI SHRIRAM SALUNKE

AGE. 41 YEARS, OCC. PROPRIETOR,

SRI MOTORS,

R/O. C/O SANGAM BORE WELL DRILLER,

BEHIND VANITA HONDA SERVICE CENTRE,

SAMARTH COLONY, N.H.4 A, HIGHWAY,

KHANAPUR, DIST. BELAGAVI-590 001.

…RESPONDENT

(BY SRI.SANTOSH B RAWOOT, ADVOCATE (ABSENT))

THIS

CRIMINAL

PETITION

IS

FILED

U/SEC.482

OF

CR.P.C., PRAYING TO QUASH THE PORTION OF THE ORDER

DATED 16.10.2019 IN C.C. NO.521/2018 PASSED BY THE

JMFC-VI, BELAGAVI, THEREBY RELEASING THE RESPONDENT

AND CONSEQUENTLY THIS COURT BE PLEASED TO DIRECT THE

JMFC-VI, BELAGAVI, OFFENCE U/SEC.138 OF N.I. ACT TO

ISSUE CONVICTION WARRANT AS AGAINST THE RESPONDENT

HEREIN.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Though the petition is listed for admission, with

the consent of learned counsel for both the parties, it

is taken up for final disposal.

2.

The petitioner/complainant is before this

Court invoking the inherent powers of this Court under

Section 482 of Cr.P.C. seeking to quash portion of the

impugned

order

dated

07.12.2018

passed

in

C.C.No.521/2018 on the file of the learned JMFC-VI,

Belagavi (for short, the ‘trial Court’) and seeking for

issuance

of

conviction

warrant

against

the

respondent/accused for the offence punishable under

Section 138 of Negotiable Instrument Act (for short,

‘N.I. Act’).

3.

Brief facts of the case are that the petitioner

herein as complainant filed private complaint in

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P.C.R.No.511/2018 against the respondent/accused

alleging commission of the offence punishable under

Section 138 of N.I. Act. It is contended by the

complainant that he is having Yamaha Dealership in

Belagavi under the name and style of Katwa Motors.

The accused is the sub dealer since for several years

and he is running the Proprietary concern under the

name and style Shree Motors. The complainant is

supplying the motorcycles and spare parts to the

accused as per his requirements. In respect of such

delivery of vehicles and spare parts, an amount of

Rs.21,94,641/- was due to be paid by the accused to

the complainant. In this regard, he has issued the

cheque bearing No.016716 dated 21.02.2018 for a

sum

of

Rs.21,94,641/-

drawn

on

Federal

Bank,

Khanapur in favour of the complainant. When the said

cheque was presented for encashment the same was

dishonoured as ‘payment stopped by drawer’. The

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complainant got issued legal notice notifying the

accused regarding the dishonour of the cheque and

calling upon him to repay the cheque amount. In spite

of service of the legal notice, the accused has not

chosen to repay the cheque amount. Thereby he has

committed the offence punishable under Section 138

of N.I. Act.

4.

On the basis of these averments, the trial

Court took cognizance of the offence, registered

C.C.No.521/2018

and

summoned

the

accused

to

appear before the Court. Accordingly, the accused had

appeared before the trial Court. During the pendency

of the criminal case, the parties have settled the

dispute between them and a joint memo dated

20.11.2018 was filed. By accepting the joint memo the

trial Court acquitted the accused for the offence

punishable under Section 138 of N.I. Act. However,

directed the accused to pay the agreed amount of

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Rs.5,00,000/- within 10 months from January-2019.

As per the terms of the joint memo, the accused had

undertaken to repay an amount of Rs.2,50,000/-

before

20.05.2019

and

the

balance

amount

of

Rs.2,50,000/- in five equal installments, from June-

2019. The trial Court accepted the joint