SHREEYANSH RAYAPPA NANDESHWAR Vs. PRAKASH PONDE

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. praying this Court to set aside the order dated 04.03.2020 passed in Crl.R.P.No.177/2019 by the II Additional District and Sessions Judge at Chikkamagaluru, upholding the issuance of summons issued by the II Additional Civil Judge and JMFC., Chikkamagaluru, in PCR No.252/2019 subsequently numbered as C.C.No.690/2019 vide order dated 08.05.2019.

(2.) The factual matrix of the case is that, the respondent herein had filed a private complaint under Section 200 of Cr.P.C, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, ('NI Act' for short), contending that the petitioner herein had borrowed a sum of Rs.35,00,000/- from the respondent herein as a hand loan. When demanded the repayment of the said amount, the petitioner herein has issued a self cheque dated 22.12.2018 for a sum of Rs.5,00,000/- towards part payment and assured that the same will be honoured upon presentation. But the same was returned with an endorsement as 'account closed' and hence, the proceedings under Section 138 of the NI Act.

(3.) The learned Magistrate after perusing the materials on record and after recording of sworn statement of the complainant took the cognizance of offence punishable under Section 138 of the NI Act. Being aggrieved by the said order, he had preferred Crl.R.P.No.177/2019 and the Revisional Court also confirmed the order of the Magistrate in coming to the conclusion that the grounds, which have been urged, cannot be adjudicated conclusively at the stage of issuance of process and the scope of revision is also limited. The allegations made in the complaint on the face of the record have to be accepted and falsity cannot be entertained by the Revisional Court. Hence, the present petition is filed.