KALI INDANE GAS AGENCY, REP. BY ITS PROPRIETOR, SRI SUNIL S/O VENKATESHA HEGDE AND SRI SUNIL, S/O VENKATESHA HEGPE, MLA Vs. T.M. SUNDARESH

JUDGEMENT

(1.) IN this petition filed under Section 482 Code of Criminal Procedure the Petitioner has sought for quashing the proceedings initiated against him in CC No. 968/09 on the file of Civil Judge (Jr. Dn.) and JMFC at Tiptur, for the offence punishable under Section 138 of N.I. Act.

(2.) THE Respondent complainant has filed a complaint against the Petitioner alleging offence punishable under Section 138 of N.I. Act interalia on the ground that the Petitioner for discharge of legally recoverable debt due by him to the complainant, issued the cheque in question for Rs. 40,00,000/ - drawn on Corporation Bank, Haliyal Branch and when the said cheque was presented for presentation, the same was returned unpaid with the bankers' endorsement that the drawers' signature differs and inspite of service of notice he has failed to pay the amount covered under the cheque.

(3.) I have hard Sri Gowthem Dev C Ullal, learned Counsel appearing for the Petitioner and Sri Badri Vishal, learned Counsel appearing for the Respondents.