CREF FINANCE LTD Vs. SHANTHI HOMES PVT LTD

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the judgment and order dt. 21st September, 2004 of the High Court of Karnataka at Bangalore in criminal petition no. 4469/2002. The appellant is the complainant, and he is aggrieved by the order passed by the High court whereby the High Court remitted the matter to the magistrate on a finding that the magistrate had issued process against the respondents without taking cognizance of the offence, and since taking of cognizance was a condition precedent, the issuance of process was bad. The correctness of this order is challenged before us.

(3.) It is not in dispute that four cheques were issued by respondent no. 2, the Managing director of the respondent no. 1 company for the total amount of rupees five crores. The payments were made by respondent no. 2 on behalf of the respondent no. 1 company of which he was a Director. The cheques were dishonoured since the respondent no. 2 stopped payment of those cheques. The appellant filed a complaint before the 14th Additional Chief Metropolitan Magistrate, Bangalore who on 19.4.2000, the date of filing of the complaint itself, directed the matter to be put up on 01. 06.2000: The rubber seal order put on the complaint itself reads as follows :- "presented on 19/4/2000 cognizance taken. . Register and put up on 1/6/2000 sd. . . . . "