BADEKIL VENKATARAMANA BHAT, S/O. LATE BADEKIL RAMA BHAT Vs. DR. HALASYA RAMANATHAN, S/O. HALASYA SUNDARESAN

JUDGEMENT

(1.) THIS petition is filed seeking to quash the proceedings in C.C. No. 1224/2011 pending on the file of I Addl. Civil Judge (Jr. Dn.) and JMFC, Mysore, for an offence under Section 138 of the Negotiable Instruments Act (in short 'N. I. Act'). It is the case of the complainant that the accused has issued a cheque for Rs. 12,72,000/ - in favor of the complainant and the said cheque when presented is dishonoured. On the basis of the said complaint, notice has been issued to the petitioner to appear and answer the charge for offence under Section 138 of the N.I. Act.

(2.) HEARD Sri. H.K. Keshava Murthy and Smt. P. Varalakshmi, learned counsel for the petitioner.

(3.) ON the perusal of the documents along with the complaint, an offence under Section 138 of the N.I Act is prima facie made out. Hence, the proceedings cannot be quashed, In so far as establishing the defence is concerned, it is for the petitioner to establish his defence during the trial. Hence, this petition is dismissed.