DEV RAMANNA @ DEVANANDAN RAMANNA MANAGING DIRECTOR GRAND PAVILION (A PAVILION GROUP OF HOTELS) NO. 114, K.H. ROAD (DOUBLE ROAD) BANGALORE-560027 Vs. MR. BALARAM M.L, S/O. LATE LAXMAN SEITY

JUDGEMENT

(1.) THIS petition is filed seeking to quash the proceedings in C.C.No.11756/2010 on the file of XIII Addl. CMM at Bangalore.

(2.) THE respondent herein filed a complaint before the trial Court under Section 200 of Cr.P.C, alleging that the petitioner has issued a cheque for. Rs. 15 lakhs bearing No.939303 drawn on State Bank of India dated 20.06.2009 and that the accused has paid a sum of Rs. 25,000/ - as advance/Interim payment and after the sanction of plan the accused has paid a sum of Rs. 5 lakhs out of Rs. 20 lakhs which is the total due from the accused to the Complainant. The Complainant has further issued a notice to the accused under Section 138 of the N.I.Act, 1881 calling upon the complainant to pay the amount of Rs. 14,75,000/ -. The accused has not paid the cheque amount, but has issued a reply to the Complainant. Since the amount demanded in the notice is not paid, the complaint came to be filed. The specific case of the complainant is that the accused is due to him a sum of Rs. 14,75,000/ -.

(3.) IT is submitted by the learned Counsel for the petitioner that the cheque amount being Rs. 15 lakhs and the due according to the Complainant being Rs. 14,75,000/ -there is no strict compliance of Section 138 of the N.I.Act and therefore the complaint is liable to be quashed. He has relied on the rulings