K.R. RAMALINGAPPA, S/O KARI RANGAPPA PRINCIPAL SRI KATTERANGANATHASWAMY P.U. COLLEGE Vs. K.B. BASAVARAJAPPA, S/O BHYRAPPA

JUDGEMENT

(1.) IN this petition filed under Section 482 Code of Criminal Procedure, the Petitioner has sought for quashing the proceedings in C.C. No. 66/10 on the file of the Civil Judge (Jr. Dn.) and JMFC, Hosadurga

(2.) THE Respondent herein filed private complaint under Section 200 Code of Criminal Procedure, against the Petitioner herein alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act') inter alia alleging that the Petitioner - accused availed hand loan of Rs. 3,80,000/ - from him on 6.4.2009 agreeing to repay the said amount within 4 months and for discharge of the said debt, he issued the cheque in question and when the said cheque was presented for encashment, the same was returned unpaid with banker's endorsement "funds insufficient" and in spite of service of notice, the Petitioner - accused failed to pay the amount covered under the cheque. The learned Magistrate, on presentation of the complaint, took cognizance of the offence alleged and directed summons to the Petitioner herein. On receipt of the summons, the Petitioner has presented this petition inter alia contending that the complaint is a frivolous one inasmuch as there was no monetary transaction between the Petitioner and the Respondent and that the cheque in question along with other papers kept in a bag was lost while he was travelling in the bus from Neralakere to Hosadurga on 21.5.2007 and since he could not trace the said cheque, he sent an intimation to his tanker on 21.6.2007 not to honour the said cheque and thus the cheque in question was not issued to the complainant for discharge of debt or any liability. It is also the contention of the Petitioner that in respect of loss of bag containing cheques and other documents, a police complaint was also filed and that the complainant had no financial capacity to lend a substantial sum of Rs. 3,80,000/ - as contended by him in the complaint, therefore, it is just and proper to quash the proceedings.