GIRISH N. Vs. SHRIRAM TRANSPORT

JUDGEMENT

(1.) The matter has come up for first time today. It is at the stage of Admission and it is taken up through Video Conference. Learned counsel Smt. Saritha for Sri. S. Shankarachar for petitioner is present.

(2.) The petition is filed under Section 482 of Cr.P.C. by the petitioner seeking to quash the entire proceedings in CC No.22293/2015 on the file of XXVII Additional CMM at Bengaluru.

(3.) The case of the petitioner is that, he purchased a Lorry bearing No.KA.02.AD.3141 by raising loan with Axis Bank by hypothecating the said vehicle. The petitioner states that he has cleared the entire loan and nothing is due. Moreover, the Axis bank has issued no objection for canceling the hypothecation endorsement in the Registration certificate in his name and so also the loan clearance certificate. The said document beyond all doubt establishes that there is no liability subsisting on the said vehicle. The endorsement issued by the RTO dated 7.1.2015 is produced vide Annexure-B. Meanwhile the petitioner came to know that the respondent has filed a private complaint claiming that the petitioner raised hypothecation loan for the purpose of purchase of the said vehicle and also paid some loan instalments but he did not pay the balance thereby issued a cheque, on presentation of which came to be dis-honoured thereby the petitioner committed an offence punishable under Section 138 of Negotiable Instruments Act in PCR No.4853/2015 (CC No.22293/2015).