LAWS(KAR)-1990-10-52

G F HUNASIKATTIMATH Vs. STATE OF KARNATAKA

Decided On October 12, 1990
G.F.HUNASIKATTIMATH Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) PETITIONER WAS THE COMPLAINANT AND RESPONDENTS 2 TO 4 WERE ACCUSED IN P.C.R. NO. 88/89 ON THE FILE OF THE METROPOLITAN MAGISTRATE, IV COURT, BANGALORE CITY (FOR SHORT 'THE MAGISTRATE'). IT AROSE OUT OF A PRIVATE COMPLAINT PRESENTED BY THE PETITIONER -COMPLAINANT UNDER SEC. 200 CR.P.C. ALLEGING THAT RESPONDENTS NOS. 2 TO 4 ARE LIABLE TO BE PUNISHED UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT AS AMENDED BY THE BANKING PUBLIC FINANCIAL INSTITUTIONS AND NEGOTIABLE INSTRUMENTS LAWS (AMENDMENT) ACT, 1988 (ACT 66/ 1988) (FOR SHORT 'THE ACT').

(2.) THE CASE OF THE COMPLAINANT ASALLEGED IN HIS COMPLAINT WAS THAT RESPONDENTS 2 TO 4 (HEREINAFTER REFERRED TO AS 'THE ACCUSED') ISSUED A CHEQUE (EX.P. 3) FOR RS. 1000/- IN HIS FAVOUR IN RESPECT OF CERTAIN AMOUNT THEY HAD RECEIVED UNDER AN AGREEMENT MARKED AS EX. P.1. WHEN THE SAID CHEQUE WAS DULY PRESENTED, IT WAS RETURNED BY THE BANK WITH THE ENDORSEMENT "ACCOUNT CLOSED". THEREFORE, THE ACCUSED HAVE COMITTED AN OFFENCE UNDER SECTION 138 OF THE ACT.

(3.) AFTER HEARING THE LEARNED COUNSELFOR THE COMPLAINANT ON THE POINT OF MAINTAINABILITY OF THE COMPLAINT, THE LEARNED MAGISTRATE BY ORDER DATED 15-11-1989 CAME TO THE CONCLUSION THAT DISHONOURING OF A CHEQUE ON THE GROUND OF "CLOSER OF HIS ACCOUNT" BY THE DRAWER OF THE CHEQUE DOES NOT CONSTITUTE AN OFFENCE UNDER SECTION 138 OF THE ACT AS THE SAID SECTION CONTEMPLATES DISHONOURING OF A CHEQUE EITHER FOR WANT OF FUNDS OR FOR EXCEEDING ARRANGEMENTS MADE. IN THAT VIEW OF THE MATTER, THE LEARNED MAGISTRATE HELD THAT NO SUFFICIENT MATERIAL IS MADE OUT BY THE COMPLAINANT TO PROCEED AGAINST THE ACCUSED FOR AN OFFENCE PUNISHABLE UNDER SECTION 138 OF THE ACT AND, CONSEQUENTLY, DISMISSED THE COMPLAINT UNDER SECTION 203 CR.P.C. IT IS THE SAID ORDER THAT IS SOUGHT TO BE QUASHED BY THE PETITIONER BY FILING THIS CRIMINAL PETITION UNDER SECTION 482 CR.P.C.