SHARADAMMA M Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition the petitioners have prayed for quashing the proceedings in Cr.No.27/2009 arising out of PCR No.4/2009 on the file of II JMFC Court, Mysore.

(2.) PETITIONER herein initiated proceedings against the second respondent wife Smt.K.B.Chandramma, for the offences punishable under Section 138 N.I.Act in C.C.No.1387/2009 on the file II Addl.Civil Judge and JMFC at Shimoga. In respect of the very same cheques the second respondent herein filed a private complaint in PCR No.4/2009 on the file of II JMFC at Mysore for the offences punishable under Sections 417, 420, 467, 468, 504, 506 r/w 34 IPC. The jurisdictional magistrate referred the case for investigation to the first respondent police and the same came to be registered in Cr.No.27/2009. Hence this petition.

(3.) LEARNED counsel for the petitioner submits that cheques involved in C.C.NO.1387/2009 are the cheques referred to in the private complaint filed by the second respondent in PCR No.4/2009. In the memo filed in C.C.No.1387/2009 it is stated that accused therein paid in all a sum of Rs.50,000/ - to the petitioner herein and requested for dismissal of the case. By accepting the cheques when payments are made to the petitioner then the question of he deceiving the second respondent herein in respect of the very same cheques will not arise. In the circumstances, petition is hereby allowed. The proceedings in Cr.No.27/2009 in PCR No.4/2009 are hereby quashed.