H MOHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Although this Criminal Petition is listed for admission today, it is disposed of on merits by consent of the learned counsel for the petitioner and the learned High Court Government Pleader and after hearing both of them on merits.

(2.) The facts which have given rise to this petition are that the petitioners jointly issued a cheque in favour of the Managing Partner of Sri Satyanarayana Finance Corporation, Hospet for a sum of Rs. 60,000/- on 21-1-90 on the State Bank of Mysore, Bazaar Branch, Hospet. When presented by the payee, the said cheque came to be dishonoured. Thereafter, payee issued of notice to the petitioners. Sometime after the issue of notice to the petitioners the payee filed a complaint on 20-2-90 before the Sub-Inspector of Police, Hospet Town Police Station for taking necessary action against the petitioner. On the basis of that complaint, a case in Crime No.62/90 was registered against the petitioners for an offence under Section 138 of the Negotiable Instruments Act, 1881, as amended by Act No.66/88 (for short 'the Act'). After completing the investigation, the Sub-Inspector of Hospet Town Police station filed a charge-sheet against the petitioners in the Court of the J.M.F.C. Hospet, for an offence under S.138 of the Act.

(3.) Acting on that charge-sheet, the learned Magistrate took cognizance of the offence under S.138 of the Act and ordered registration of a Criminal case against the petitioners arrayed as accused in the charge-sheet and directed issue of summons to them on 16-4-90 calling upon them to appear before him on 12-10-90. It is the said order of the learned Magistrate, hat is challenged in this Criminal Petition.