N K RAMASWAMY IYENGAR Vs. BANGALORE DISTRICT AND BANGALORE RURAL DISTRICT CO OPERATIVE CENTRAL BANK LTD

JUDGEMENT

(1.) THIS petition is filed under S. 482, Cr. P. C. for quashing the proceedings in PCR No. 1111/99 (CC No. 30083/2000) on the file of the XII, Addl. C. M. M. , Bangalore.

(2.) THE brief facts for consideration are as follows :-

(3.) A cheque for a sum of Rs. 20 lakhs issued by Vyalikaval House Building Co-operative Society Limited, Bangalore, bearing signatures of the petitioners issued to the respondent-Bangalore District and Bangalore Rural District Co-operative Central Bank Limited, Bangalore, came to be dishonoured with an endorsement - Insufficient funds. As such, the payee of the cheque (respondent), and complying with the requirements of issue of notice for settlement, lodged a complaint under S. 200, Cr. P. C. against the petitioners seeking prosecution for an offence punishable under S. 138 of the Negotiable Instrument Act. The learned Magistrate after taking the cognizance, recorded the sworn statement of one Sri V. Thyagaraja, Manager of the payee-Bank and by the order dated 22-1-2000, issued process against the petitioners.