DEVAMMA Vs. A R RAGHU

JUDGEMENT

(1.) THIS petition by the accused, filed under Section 482, Cr. P. C. is for setting aside the order dated 22-3-2001 in C. C. No. 167/2001 on the file of the Civil Judge (Jr. Dn.) and J. M. F. C. , Chikkaballapura, wherein the learned Magistrate had taken cognizance against the accused for the offence under Section 138 of the Negotiable instruments Act, questioning the legality and propriety of the order impugned.

(2.) THE Court has heard the arguments of Sri Balakrishna, learned counsel on behalf of the petitioner-accused, and Sri A. Gopalaiah, learned counsel on behalf of the complainant, and perused the material on record.

(3.) THE learned counsel for the accused strenuously contended that the material on record clearly shows that the entire amount under the sale deed had been paid as seen from the registered sale deed and the cheque in question had been issued only for the purpose of securing peaceful possession of the property and the complainant has misused the same and has come up with the false complaint. There are no ingredients for the said offence and the learned Magistrate ought not to have taken cognizance of the case. Hence, the learned counsel prayed for allowing the petition.