B L SHINDHE Vs. B SHAMACHAR ALIAS SHAMANNA

JUDGEMENT

(1.) THIS is a case where the petitioner has assailed the proceedings initiated against him in PCR No. 143 of 1996 before the Judicial Magistrate First class, Davanagere, for the alleged offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. Here is a case wherein complaint is filed under Section 200 of the Cr. P. C. by the respondent against this petitioner for the dishonour of cheque of Rs. 14,000/- wherein it is stated that there was said to be an assurance to make payment within two months but later Rs. 2,000/- was paid and for the remaining amount a cheque was issued and subsequently in the usual course the petitioner is said to have presented the cheque to the Bank for payment, but the Bank stating that there were insufficient funds dishonoured the cheque. The respondent after having issued notice for non-payment of the amount, this complaint came to be filed and on the complaint filed, the Magistrate after recording the sworn statement took cognizance and proceeded with the case. Thereafter, during the pendency of the matter for enquiry, this petitioner has approached this Court by way of this petition assailing the proceedings on various grounds.

(2.) HEARD the learned Counsels for the respective parties.

(3.) AT the outset it is the submission of the Counsel appearing for the petitioner that the Xerox copy of the cheque as seen at Annexure-C shows that there is no seal of the Bank and also it is submitted that there is no endorsement produced to show that the cheque has been dishonoured, etc. , on a particular date.