IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 26^TH DAY OF SEPTEMBER 2018

BEFORE

THE HON’BLE MRS.JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No.101335 OF 2018

C/w.

CRIMINAL PETITION No.101334 OF 2018

In Crl.P. No.101335/2018:

BETWEEN:

SHRI.SANTOSH

S/O. DUNDAPPA PADMANNAVAR

AGE:41 YEARS, OCC:BUSINESS,

R/O. H.NO. 1772,

SECTOR NO.10,

ANJANEYA NAGAR,

BELAGAVI-590016.

... PETITIONER

(By Sri. SANTOSH PUJARI ADV.)

AND:

ONENESS CHIT FUNDS PRIVATE LTD.,

# PLOT NO.6538,

OPP NANDINI DAIRY,

ANJANEYA NAGAR,

BELAGAVI-590016,

REPRESENTED BY ITS MANAGER,

SHRI RAJU BALKRISHNA GANACHARI,

AGE:30 YEARS, OCC:BUSINESS.

... RESPONDENT

(RESPONDENT SERVED)

Crl.P. No.101335/2018

C/w. Crl.P. No.101334/2018

: 2 :

THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF CR.P.C., PRAYING TO ADMIT THE PETITION, CALL

FOR

RECORDS

&

QUASH

C.C.NO.352/2018,

DTD.26.04.2017, FILED UNDER SECTION 200 OF CRIMINAL

PROCEDURE CODE, FOR THE OFFENCE PUNISHABLE UNDER

SECTION 138 OF N.I.ACT, PENDING ON THE FILE OF COURT

OF VII JMFC, BELAGAVI, AT BELAGAVI, VIDE ANNEXURE-A &

A-1.

In Crl.P. No.101334/2018:

BETWEEN:

SHRI.SANTOSH

S/O. DUNDAPPA PADMANNAVAR

AGE:41 YEARS, OCC:BUSINESS,

R/O. H.NO.R/O. 1772,

SECTOR NO.10,

ANJANEYA NAGAR,

BELAGAVI-590016.

... PETITIONER

(By Sri. SANTOSH PUJARI ADV.)

AND:

ONENESS CHIT FUNDS PRIVATE LTD.,

# PLOT NO.6538, OPP NANDINI DAIRY,

ANJANEYA NAGAR, BELAGAVI-590016,

REPRESENTED BY ITS MANAGER,

SHRI RAJU BALKRISHNA GANACHARI,

AGE:30 YEARS, OCC:BUSINESS.

... RESPONDENT

(RESPONDENT SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF CR.P.C., PRAYING TO ADMIT THE PETITION, CALL

FOR

RECORDS

&

QUASH

C.C.NO.360/2018,

DTD.26.04.2017, FILED UNDER SECTION 200 OF CRIMINAL

PROCEDURE CODE, FOR THE OFFENCE PUNISHABLE UNDER

SECTION 138 OF N.I.ACT, PENDING ON THE FILE OF COURT

OF VII JMFC, BELAGAVI, AT BELAGAVI, VIDE ANNEXURE-A &

A-1.

Crl.P. No.101335/2018

C/w. Crl.P. No.101334/2018

: 3 :

These Petitions coming on for Admission, this day the

Court made the following:-

O R D E R

Petitioner is the accused in CC Nos.352/2018

and 360/2018 on the file of VII JMFC Court,

Belagavi. The said proceedings are initiated against

the petitioner on the basis of the complaint filed by

the respondent under Section 200 of the Code of

Criminal Procedure, 1973 to prosecute him for the

offence

punishable

under

Section

138

of

the

Negotiable Instruments Act, 1881 (for short ‘the

Act’).

2.

Complainants in those cases alleged that

it is a Chit Fund Company. It was further alleged

that the petitioner being the subscriber, bid the

highest price in the auction and collected the chit

fund

subscription

of

the

particular

period

on

05.09.2014

&

26.02.2016

and

received

Rs.10,50,000/- & Rs.15,00,000/-.

Crl.P. No.101335/2018

C/w. Crl.P. No.101334/2018

: 4 :

3.

It

was

further

alleged

that

towards

discharging the said liability, the petitioner issued

cheques bearing No.006757 dated 07.02.2017 for

Rs.12,71,356/- and No.000005 dated 07.02.2017 for

Rs.6,80,934/- respectively drawn on Basaweshwar

Co-operative Bank Limited and Cotak Mahendra

Bank Maratha Colony, Belagavi Branch. It was

alleged that when those cheques were presented for

realization,

they

were

returned

with

the

endorsements “Funds Insufficient / Account Closed”.

The complainant alleged in the complaint that the

statutory notices issued to the petitioner were

served and they were neither replied nor complied.

The cheques were presented for the second time

within

the

statutory

period

and

returned

dishonoured. Again the notices were issued and

despite service, they were not complied.

4.

On filing of complaints, the Magistrate

examined the complainant and took cognizance for

the offence punishable under Section 138 of the Act,

Crl.P. No.101335/2018

C/w. Crl.P. No.101334/2018

: 5 :