SHASHI PRAKASH Vs. B KRISHNA MURTHY

JUDGEMENT

(1.) AFTER hearing the arguments of the learned Counsel for petitioner in the morning session, this matter was passed over to be heard in the afternoon session, since the learned Counsel for respondent was not present. Even in the afternoon session, he has remained absent and, therefore, the Court could not have had the benefit of his argument.

(2.) ON the complaint under Section 200 Cr. P. C of respondent (hereinafter referred to as 'the complainant') the petitioner (hereinafter referred to as 'the accused') is being prosecuted in C. C. No. 30041/1999 in the Court of XIII Addl. C. M. M. , Bangalore, for the offence under Section 138 of the Negotiable Instruments Act ("the N. I Act" for short ). By this petition under Section 482 Cr. P. C, the accused prays that the criminal proceedings against him in the said C. C. No. 30041/1999 may be quashed since it is legally unsustainable in law, in that, the allegations made by the complainant in his said complaint do not prima facie constitute an offence under Section 138 of the N. I. Act.

(3.) ON going through the contents of the said complaint and the legal notices exchanged between the parties, I find sufficient legal force in the contention of the accused which was reiterated by his learned Counsel in his address to the Court. It is made crystal clear by the complainant in his complaint and the legal notice dated 20. 8. 1998 got issued through his advocate to the accused, as also from the sworn statement of complaint recorded by the learned Magistrate, that the cheque in question dated 1. 4. 1998 for Rs. 11,00,000/- was stated to have been issued by the accused in favour of complainant at the latter's request to advance him the said amount as loan. In other words, it is the complainant's case that himself and the accused were very close friends and that when complainant requested the accused to advance him the loan of Rs. 11,00,000/-, the latter had issued the said cheque to him towards advancements of the said loan. The further case of the complainant is that when that cheque was presented to the drawer's bank for encashment, the same was bounced with bank's endorsement "insufficient funds". Hence, the complaint under section 138 of the N. I. Act.