KRISHNA BHUPATHI Vs. CHANDANA CONSTRUCTIONS

JUDGEMENT

(1.) THIS petition is filed under Section 482 of the Cr. P. C. , by the accused praying for quashing of the proceedings in C. C. No. 29047 of 2001 on the file of the XII Additional Chief Metropolitan Magistrate, Bangalore.

(2.) THE brief facts of the case are as follows. The respondents-complainant has filed a private complaint in P. C. R. No. 240 of 2001 (now numbered as C. C. No. 29047 of 2001) before the learned magistrate, Bangalore, under Section 200 of the Cr. P. C. , to initiate criminal action against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'act'), on the ground that the petitioner had engaged the services of the respondent for execution of civil works and in this regard, the petitioner was due to the respondent a sum of Rs. 7. 5 lakhs. In this regard the petitioner has issued a cheque dated 14-11-2000 for a sum of Rs. 1,95,600/- drawn on the Indian overseas Bank, Bangalore, towards discharge of the aforesaid liability in part. The said cheque was presented by the respondent through his banker but the same came to be returned unpaid with an endorsement 'payment stopped by the drawer'. On receipt of the said endorsement on 17-1-2001, the respondent immediately got issued a legal notice dated 20-1-2001 to the petitioner calling upon him to make good the amount involved in the dishonoured cheque within 15 days of the receipt of the notice. According to the complainant even though the petitioner received the notice on 25-1-2001 neither he made any arrangement to pay back the amount nor any reply was given to the notice and as such, as the action of the petitioner amounted to commission of an offence under Section 138 of the Act, the present complaint filed on 9-2-2001.

(3.) ON receipt of the complaint and after recording the sworn statement of the complainant and being satisfied of existence of prima facie case, the learned Magistrate ordered for issuance of process against the petitioner. It is this action and initiation of proceedings which are sought to be quashed in the present petition.