MASTER N. LIKHITH Vs. M/S. LIFE LINE SOLUTIONS J.S. INDIA REP. BY ITS ORGANISING SECRETARY AND TRUSTEE K.H. RAJU AND SATYANARAYANA REDDY

JUDGEMENT

(1.) THE petitioner in this petition has sought for quashing of the proceedings in C.C. NO. 554/2009 on the file of the Chief Judicial Magistrate, Bangalore, which case has been registered against him for the offence u/s. 138 of the N.I. Act. The respondents/complainants filed a private complaint against the petitioner alleging that she has committed offence punishable under Section 138 of the N.I. Act. It is alleged that on behalf of the minor petitioner the guardian viz. the mother had issued two cheques amounting to Rupees One Crore Fifty Lakh only) dated 17.10.2008 and 18.10.2008 drawn on Canara Bank, Marathahalli Branch. The said cheques had been issued as security for the amount which they had received from the complainant. When the said cheques were presented for encashment through the bankers of the complainant to the Canara Bank for encashment, it was returned as 'dishonoured' with an endorsement as 'insufficient funds'. Thereafter, the complainant by following due procedure contemplated under the N.I. Act viz. issuance of the notice filed the complaint alleging that the accused has committed the offences u/s. 138 of the N.I. Act. The learned Magistrate thereupon took cognizance of the offences alleged recorded the sworn statement of the complainant. Thereafter on perusal of the allegations in the complaint and the sworn statement came to the conclusion that the complainant has made out a prima facie case against the petitioner and accordingly by order dated 17.2.2009 directed to register the case and issued summons to the accused. During the pendency of the proceedings the complainant got removed the name of the minor petitioner as the cheques had been issued by the guardian.

(2.) AFTER the order came to be passed the petitioner, filed this petition praying to quash the proceedings. When the matter came up for admission this court had not granted any interim stay. It is brought to my notice, during the pendency of this petition the petitioner viz. the guardian of the minor who had issued the cheques moved the Trial Magistrate u/s. 255 of Cr.P.C. requesting to stop all further proceedings. The learned Magistrate on consideration of the said application in detail on merits dismissed the application filed by the petitioner who is the guardian of the minor by his order dated 19.8.2010. The guardian of the minor petitioner has not taken steps to challenge the said order. It is brought to my notice the minor, represented by his guardian/mother who had been made as the accused, had been deleted by the complainant. The guardian of the minor who is now on record has not made out any grievance against the same. Further the guardian of the minor who had issued the cheques in question has filed application u/s. 255 of Cr.P.C. before the learned Magistrate praying to stop all further proceedings in the case. The learned Magistrate has dismissed the said application by order dated 19.8.2010. The guardian has not challenged the said order. In view of the same the guardian is acquiesced of the proceedings now pending before the learned Magistrate in respect of the cheques which has been issued by her. Therefore, in my view, in view of the order dated 19.8.2010 as the petitioner is acquiesced of the proceedings pending before the learned Magistrate, the present petition does not merit any consideration. Accordingly, it is dismissed.