THASEENA NAZ Vs. K.S. CHANDRESH

JUDGEMENT

(1.) The 1st respondent filed a private complaint under Sec. 200 of Cr.PC alleging that the accused borrowed a loan of Rs.3,00,000.00 from the complainant and in lieu of repayment of the said amount, issued two cheques for a sum of Rs.3,15,000.00 respectively to the complainant and the said cheques when presented for realization, the same were returned stating that the said cheques have been encashed already.

(2.) The learned Magistrate referred the complaint to the police for investigation under Sec. 156(3) of Cr.PC. The police after investigation submitted a Rs. B' report before the learned Magistrate to which the complainant filed a protest petition. The learned Magistrate after recording the sworn statement took cognizance of the offences punishable under Sec. 420 read with Sec. 34 of IPC and issued summons to the accused. Taking exception to the same, petitioner - accused No.1 has filed this petition.

(3.) Sri P P Hegde, learned Senior Counsel appearing for the learned petitioner's counsel submits that the allegations made in the complaint do not disclose commission of offence alleged against the petitioner and the police after investigation have rightly filed the Rs. B' report. He further submits that the learned Magistrate without passing an order on the Rs. B' report at the first instance has recorded the sworn statement and took cognizance of the aforesaid offence and the same is impermissible in view of the decision of a coordinate Bench of this Court in the case of Dr.Ravikumar Vs. Mrs. K.M.C.Vasantha reported in ILR 2018 KAR 1725.