J. SRINIVAS Vs. GANGAPPA

JUDGEMENT

(1.) The present respondent has instituted a private complaint against the present petitioner and two others under Section 200 of Code of Criminal Procedure (for brevity ' Cr.P.C .') for the alleged offences punishable under Sections 418 , 420 , 465 , 467 , 468 , 471 and 109 read with Section 34 of IPC.

(2.) The summary of the said complaint was that, there is a civil dispute pending between the parties in O.S.No.132/2014, as such, the accused in the said complaint had developed rivalry against the complainant. All the three accused in furtherance of their common intention to cheat the complainant of a sum of Rs. 25,00,000/-, some how secured a withdrawal slip from Karnataka Central Co-operative Bank, Haveri Branch, in the name of the complainant and by themselves filling up the contents for a sum of Rs. 25,00,000/- and forging the signature of the complainant, showing its date of issue as 11.04.2015, presented the said cheque for its realisation. After its dishonor, they got issued a notice to the complainant through their counsel, demanding the payment of cheque amount within fifteen days from the date of notice. After receiving the notice, the complainant ran to the said Bank only to ascertain that the said cheque was not issued by the complainant and even the Bankers also were not aware as to how come the said cheque which was an old cheque of fifteen to twenty years, reached the hands of the accused.

(3.) The accused No.1 in the said complaint has filed the present petition seeking quashing of the said private complaint which has now matured in Criminal Case No.30/2016, pending in the Court of the learned Principal Senior Civil Judge & CJM, Haveri (hereinafter for brevity referred to as 'the Trial Court') for the alleged offences.