M RAMAIAH Vs. RAMANIKA SILKS P LIMITED

JUDGEMENT

(1.) THE petitioner in these revisions questioned the order of the learned XVth Addl. CMM, Bangalore discharging the accused/respondent under Section 227 r/w. 203, Cr. P. C. which was registered for the offence under Section 138 of the Negotiable Instruments Act in CC Nos. 20866/97, 20591/98 and 20439/98.

(2.) THE brief facts are as follows :

(3.) THE learned counsel Sri M. Rambhat for the petitioner vehemently contended that when once cognizance is taken, there was no reason for the learned CMM to discharge the accused on the ground that there are no prima facie case as the same being a matter of evidence that too for the offence under S. 138 of the NI Act. Secondly contended that the findings of the learned CMM holding that the GPA holder has no authority to file a complaint is also erroneous. Therefore, prayed to set aside the order of discharge and to direct the learned CMM to take the same on his file and to proceed in accordance with law.