S. NAGESH Vs. SHOBHA S. ARADHYA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order dtd. 28/6/2024 passed by a learned Judge of the Karnataka High Court in Criminal Petition No. 9119 of 2018. This petition was filed by S. Nagesh, the appellant before us, under Sec. 482 of the Code of Criminal Procedure, 1973, seeking the quashing of the complaint in PCR No. 3144 of 2013, which was converted as CC No. 1439 of 2014 on the file of the learned I Additional I Civil Judge and Judicial Magistrate First Class at Mysore[For short, 'the learned Magistrate']. The learned Judge rejected the petition, holding that the delay of two days in the filing of the complaint was bonafide and cognizance had rightly been taken.

(3.) In her complaint in PCR No. 3144 of 2013, Shobha S. Aradhya, the respondent, averred as follows: The appellant had approached her husband and her, seeking financial assistance to purchase a house and to meet legal necessities. They lent him a sum of ₹5,40,000/- between the dates 27/1/2010 and 26/7/2010. He, thereafter, issued cheque dtd. 10/7/2013 drawn in her name for the said sum, assuring that it would be honoured upon presentation. However, the cheque was dishonoured on 17/7/2013 for insufficiency of funds. She got issued legal notice dtd. 13/8/2013 calling upon the appellant to pay the cheque amount within 15 days but the same was returned as 'unclaimed' on 22/8/2013. However, the copy of the notice sent through courier was not returned unserved and the same amounted to deemed service. However, no payment was made by the appellant. She, thereupon, filed the complaint praying that the Court take cognisance of the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881[For short, 'the NI Act'], and punish the appellant in accordance with law, apart from awarding her compensation.