SHIVAPPA REDDY Vs. S. SRINIVASAN

JUDGEMENT

(1.) Present Appeal is challenging the order dtd. 23/9/2023 passed by the Single Judge of the High Court of Karnataka at Bengaluru, whereby the petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter, "CrPC") challenging the proceedings arising out of a complaint filed by the Appellant under Sec. 200 CrPC for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter, "NI Act") has been allowed at the behest of Respondent-Accused No.4.

(2.) In brief, the facts leading to the filing of the petition before the High Court were that the Appellant had filed a complaint against M/s AVS Constructions - a Partnership Firm (Accused No.1), and its partners i.e., S. Yuvaraju (Accused No.2), S. Sundaraiah (Accused No.3 and S. Srinivasan (Accused No.4) for dishonouring of twelve cheques of Rs.50,00,000.00 (Rupees Fifty Lakhs) each aggregating Rs.6,00,00,000.00 (Six Crore) towards the refund of sale consideration as issued by accused No.1 - M/s AVS Constructions (hereinafter, "Partnership Firm") being signed by Accused No.2, the authorized signatory. The cheques, upon presentation, stood dishonoured due to 'stop payment' instructions issued by the drawee.

(3.) After duly serving the Statutory notice upon the Respondent and the other accused, when no amount was received of the dishonoured cheques, a complaint under Sec. 200 CrPC for an offence punishable under Sec. 138 of the NI Act was preferred. After recording the preliminary evidence, summons was issued to the accused on taking cognizance of the offence under Sec. 138 of the NI Act.